Blurred lines - an analysis on the privatisation of migration detention in the EU and its consequences

Abstract: The role of migration in the world has become a highly politicised issue. With more money than ever put into the border control and migration management a platform has opened up for private actors. This thesis aims to explore the privatisation of migration detention in the EU and the consequences thereof. This thesis aims to explore the legal issues that could arise when private entities are getting more involved in the migration detention regime. Further it examines the underlying rationales for migration detention in general and the privatisation of migration detention in particular. By an interdisciplinary method the thesis will describe the current state of the migration detention regime today and through a legal dogmatic method examine the legal framework surrounding it. The thesis shows that there is a trend in the EU pointing towards an increase use of non-state actors in the migration detention regime, and that this could increase violations of migrant’s rights. Further it will show that there is a political economy and financial incentives to uphold the migration detention regime that falls outside the said normative goals of detention set out in the legal framework. The thesis will show that with a market based dynamic where the company’s interest is primarily to make a profit can lead to an increase of human rights violations of detained migrants. The thesis also shows that blurred lines between punitive and administrative measures creates a rationale for the upholding of the detention regime and that the blurred lines between the public and the private creates confusion in regards to accountability and responsibility for violation of the rights of migrants. The thesis also shows that this is further enhanced due to a lack of transparency and public scrutiny.