Fundamental Rights and contemporary forms of arrest, detention and expulsion of irregular immigrants: critical/practical analysis and alternatives


This project is part of the interdisciplinary theoretical framework on the rights of deportable people, but from a deeply empirical perspective, since it will refer to a legal and social fact of pressing importance in our immediate surroundings: the express arrest, detention and expulsion (within 72 hours). The issue will be addressed in order to claim legally and politically the guarantee of fundamental rights which the subjects involved and to report the violations that occur. In fact, it is one of the main issues that occupy the everyday activities of the Office of denunciation and advisory organization of SOS Racismo-Gipuzkoa as well as other non-state organizations. This express phenomenon implies a paradigm shift in the procedures in which the rights of the sanctioned individuals are tactically reduced to a minimum. There a very few legal and social studies on this type of detention, detention and expulsion because of the novelty of the procedure. This project expresses the necessity to understand the phenomenon, raise answers and alternatives in academia (specifically socio-legal studies), in institutions guaranteeing advocacy as commissions, ombudsmen, and in the legal and social defense.