The Privatisation of Immigration Control through Carrier Sanctions

The Role of Private Transport Companies in Dutch and British Immigration Control


The central theoretical question of The Privatisation of Immigration Control through Carrier Sanctions concerns the social working of legal rules. Sophie Scholten examines how states, private companies (carriers) and people (passengers) have become interconnected through carrier sanctions legislation.
Scholten describes the legal framework in the Netherlands and the UK and international and European legislative rules developed on the subject. The author ties in with debates on privatisation of control in general and of immigration control in particular. As such the author provides a much needed new look at a field which as not attracted detailed academic attention. Scholten opens up fascinating questions about the relationship of the public and private sectors in the complex and politically sensitive area of immigration.

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Sophie Scholten, Ph.D (2014) Radboud University Nijmegen, is a lecturer and researcher at the Dutch Police Academy. She has published various articles on carrier sanctions and the role of private transport companies in immigration control.
“…[G]iven the ongoing concerns over immigration in contemporary political and public debate, as well as the increasingly strict legislative and policy responses in this domain, [this] book could not have come at a better time. Its rich descriptive and empirical findings point out that in the realm of immigration control, the way in which law and policy are employed in practice has real implications not only for those carrying out the measures, but certainly also for those subject to them. Given continuous developments in this area Scholten’s unique and topical publication is a valuable and timely contribution to the literature on immigration control and border securitization and provides ample basis for further descriptive, empirical and normative inquiry."
Patrick van Berlo, PhD candidate, Institute for Criminal Law and Criminology, Leiden Law School, in: Common Law Market Review
Excerpt of table of contents:
1. Introduction to ‘carrier sanctions’
1.1 Introduction
1.2 Old and new carrier sanctions policies
1.3 Research focus and questions
1.4 Research methods and considerations
1.5 Structure of the book
2. Enlisting carriers in immigration control: a theoretical exploration
2.1 Theoretical introduction
2.2 Characterising carrier involvement: third-party liability, third-party policing
2.3 Why governments delegate tasks: exploring ‘shifts in governance’
2.4 Where carrier sanctions policies are situated
2.5 How carriers are involved in immigration control
2.6 Theoretical notions in analysing carrier sanctions policies in the Netherlands and the UK, a complex matter in which context matters
3. The Netherlands: development of carriers’ liability legislation and policy
3.1 Introduction
3.2 Carrier obligations in the Aliens Act 1965 and subsequent developments
3.3 Changes to the Aliens Act: duty of care
3.4 Transcript Duty
3.5 Forwarding passenger data
3.6 Sanctions for carriers I: re-transportation and recouping costs
3.7 Sanctions for carriers II: criminal sanctions
3.8 Conclusion
4. The United Kingdom: developments in carriers’ liability legislation in UK law
4.1 Introduction
4.2 Immigration Act 1971
4.3 Immigration (Carriers’ Liability) Act 1987
4.4 Immigration and Asylum Act 1999: introducing the civil penalty regime
4.5 Development of the civil penalty
4.6 Sanctions for carriers and the waiving of fines
4.7 The position of carriers’ liability and the civil penalty in UK immigration control
4.8 ‘Upstream’ measures and tasks for carriers: passenger information and e-Borders
4.9 Conclusion
5. International and European legislative framework
5.1 Introduction
5.2 International cooperation in Civil Aviation: the Chicago Convention
5.3 The Schengen Agreement and the Convention Implementing the Schengen Agreement
5.4 European attention for carrier sanctions
5.5 Council Directive 2001/51/EC harmonising carriers’ liability penalties
5.6 Directive 2004/82: obligation of carriers to communicate passenger data
5.7 Developing measures for carriers
5.8 Conclusion
6. Carrier sanctions in a system of measures
6.1 Stimulating compliance: training and information
6.2 Advising carriers: ILOs, ALOs and ILMs
6.3 More pre-boarding measures: juxtaposed controls
6.4 Monitoring carriers after the fact: transcript duty, gate checks and CCTV
6.5 Conclusion
7. The relationship between carriers and the Dutch government
7.1 Introduction
7.2 Implementing the carrier sanctions regime in the Netherlands
7.3 A new policy instrument: a gentlemen’s agreement with KLM
7.4 Cooperation with other airlines
7.5 Imposing carrier sanctions on shipping companies in the Netherlands
7.6 Ongoing and new discussions
7.7 Cooperation between carriers and Dutch authorities: various strategies
8. The relationship between carriers and government in the UK
8.1 Introduction
8.2 Implementing the ICLA in the UK
8.3 A developing relationship between airlines and immigration authorities
8.4 The carriers’ liability regime for shipping
8.5 Clandestine passengers and road hauliers
8.6 Increasing liability for tunnel operators
8.7 Cooperation in the UK: multiple actors and multiple interests
9. The effect of carrier sanctions policies on the relationship between the passenger and the state and the passenger and private carriers
9.1 Introduction
9.2 Carrier sanctions and the relationship between the passenger and the state
9.3 Changing borders and their consequences for passengers
9.4 Private carriers and individual passengers: from clients to doubtful travellers?
9.5 Passengers as passive victims of immigration policy?
9.6 Concluding remarks on the relationship with the passenger
10. The consequences of involving private carriers in immigration control for the relationship between state, carriers and passengers
10.1 Introduction
10.2 The development of carrier sanctions policies in the Netherlands and the United Kingdom
10.3 Changing relationships: the passenger, the state and the carrier
10.4 The relationship between the state and the carrier
10.5 Final remarks

Persons interested in socio-legal studies, specifically regarding issues of regulation and public-private cooperation, and those interested in migration and asylum law and the position of irregular migrants.
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