Policy analysis demonstrates exceptional containment measures against non-deportable detainees in Australia, highlighting the emergence of a preventive state.
Key Points
To examine how political and legal responses to the release of non-deportable detainees catalyzed extraordinary state containment measures at the intersection of criminal, immigration, and national security law.
Conducted a socio-legal policy analysis of governmental discourse, legislative enactments, and containment protocols following the 2023 High Court of Australia NZYQ decision.
Evaluated state containment actions against N=92 released non-citizens using crimmigration and securitisation theoretical models.
Bipartisan political framing constructed the NZYQ cohort as an exceptional public safety threat, justifying unprecedented monitoring and restrictive containment regimes.
Identified that existing crimmigration and securitisation concepts do not fully capture wartime legal rhetoric applied to non-citizens, formulating the hybrid framework of 'enemy crimmigration'.
Demonstrated an abandonment of conventional legal constraints to operationalize a 'preventive state' targeting non-removable individuals.