Immigration and asylum policies and practices in Britain have turned increasingly hostile. People seeking asylum are exposed to a panoply of control measures and rendered vulnerable. The state has exteriorized its controls and drawn-in various actors and agencies who now enact state power in the control of migration. This article moves away from essentialist and simplistic notions of the state—one that views the state as monolithic and coherent with strictly defined social borders—and explores the role of what Lipsky (2010), in his book Street-level Bureaucracy, calls “street-level bureaucrats.” It shows the ways in which actors and agencies enact state power and inflict cruelty on asylum seekers through their strategic actions and inactions. Drawing on data from ethnographic research, this article demonstrates how bureaucratic practices create and exacerbate psychological distress among asylum seekers and push them into dangerous and potentially life-threatening situations. By doing so, this article makes a contribution to the literature on migration, state racism and violence.
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Pseudonyms are used throughout this article.
The “hostile environment” is defined by a set of administrative and legislative measures that was implemented under the Conservative-Liberal Democrat coalition government, and then followed by the Conservative government. The measures were designed to make the lives of people without legal immigration status difficult, so that they are forced to leave the country. The policy also empowers figures across British society to become quasi-immigration officers, such as employers, landlords, and National Health Service administrators.
In Britain, general practitioners (GPs) treat all common medical conditions and refer patients to hospitals and other medical services for urgent and specialized treatments.
This research was approved by an institutional ethics committee and also followed the ethical protocols outlined in the British Society of Criminology Statement of Ethics.
The Home Office is a UK ministerial department responsible for immigration and security.
There have been several reports from across the country of asylum seekers subjected to racial violence (see, for instance, the Calendar of Racism and Resistance by the Institute of Race Relations (https://www.irr.org.uk/news/type/irr-news/)).
I noted a range of examples of hyper-vigilant behavior, such as individuals feeling afraid to visit the GP’s office due to a security guard standing outside the building, as well as incidences where individuals experienced flashbacks due to fire alarm tests and ambulance sirens. Certain individuals were afraid of a postman knocking at their door and remained hidden even after the knocking had stopped. A large number of those experiencing these symptoms were fleeing persecution.
The Conservative government’s hostile agenda have made matters worse as police have engaged in data-sharing by reporting the victims of serious crimes to immigration enforcement. This data-sharing has increasingly deterred victims with a precarious immigration status from coming forward to report crimes. Not only is this a breach of the police’s obligation under human rights law to investigate serious crimes, but it is also a violation of the civil and human rights of victims who are treated as “undesirables” and “undeserving” of protection and are therefore exposed to further cruelty (see Bradley 2018).
It was not clear on what basis his money was confiscated.
At the time of interview (and after months of no medical care), Inam began receiving psychological support and counseling from a third sector organization. No probing questions were used and trauma exploration was strictly avoided. Telephone calls were made twenty-four hours, three days and seven days after the interview, and the respondent did not flag any concerns.
In one case, an asylum seeker who was fleeing persecution had a severe facial disfigurement due to gunshot wounds and was considered for facial reconstructive surgery. He had to wait until the three-dimensional models of his face were finalized, but during this period, his asylum claim was refused, and he was rendered destitute. The hospital refused to treat him due to the rejection of his asylum claim.
Agamben, G. (1998). Homo sacer: Sovereign power and bare life. Palo Alto, CA: Stanford University Press.
Agamben, G. (2003). State of exception. Chicago, IL: University of Chicago Press.
Ager, A., Malcolm, M., Sadollah, S., & O'May, F. (2002). Community contact and mental health amongst socially isolated refugees in Edinburgh. Journal of Refugee Studies,15(1), 71–80.
Agier, M. (2011). Managing the undesirables. Cambridge: Polity Press.
Armenta, A. (2012). From sheriff's deputies to immigration officers: Screening immigrant status in a Tennessee jail. Law and Policy,34(2), 191–210.
Armenta, A. (2017). Racializing crimmigration: Structural racism, colorblindness, and the institutional production of immigrant criminality. Sociology of Race and Ethnicity,3(1), 82–95.
Asgary, R., & Segar, N. (2011). Barriers to health care access among refugee asylum seekers. Journal of Health Care for the Poor and Underserved,22(2), 506–522.
Ataç, I. (2019). Deserving Shelter: Conditional access to accommodation for rejected asylum seekers in Austria, the Netherlands, and Sweden. Journal of Immigrant and Refugee Studies,17(1), 44–60.
BBC News. (2017). Bijan Ebrahimi: Police “failed” murdered man for years. Retrieved May 21, 2018, from https://www.bbc.co.uk/news/uk-england-bristol-40494218.
Balfour, D., & Adams, G. (2014). Unmasking administrative evil. New York: Routledge.
Bauman, Z. (1989). Modernity and the Holocaust. Ithaca, NY: Cornell University Press.
Bhatia, M. (2014). Researching “bogus” asylum seekers, “illegal” migrants and “crimmigrants.” In K. Lumsden & A. Winter (Eds.), Reflexivity in criminological research (pp. 162–177). London: Palgrave Macmillan.
Bhatia, M. (2018). Social death: The (white) racial framing of the Calais “jungle” and “illegal” migrants in the British tabloids and right-wing press. In M. Bhatia, S. Poynting, & W. Tufail (Eds.), Media, Crime and Racism (pp. 181–212). London: Palgrave.
Bhatia, M. (2020). Crimmigration, imprisonment and racist violence: Narratives of people seeking asylum in Great Britain. Journal of Sociology,56(1), 36–52.
Bhatia, M., & Burnett, J. (2019). Torture and the UK’s ‘war on asylum’: Medical power and the culture of disbelief. In F. Perocco (Ed.), Tortura e migrazioni (Torture and Migration) (pp. 161–179). Venice, Italy: Edizioni Ca’Foscari.
Bonilla-Silva, E. (1997). Rethinking racism: Toward a structural interpretation. American Sociological Review,62(3), 465–480.
Bosworth, M. (2016). Mental Health in Immigration Detention: A Literature Review. Review into the Welfare in Detention of Vulnerable Persons, Cm 9186. London: HSMO. Criminal Justice, Borders and Citizenship Research Paper No. 2732892. Posted 17 February. Retrieved May 23, 2018, from https://ssrn.com/abstract=2732892.
Bovenkerk, F., Miles, R., & Verbunt, G. (1990). Racism, migration and the state in Western Europe: A case for comparative analysis. International Sociology,5(4), 475–490.
Bradley, G. (2018). Care don’t share. Liberty. Retrieved January 8, 2019, from https://www.libertyhumanrights.org.uk/issue/care-dont-share/.
Bulman, M. (2019). Unaccompanied children driven to suicide due to ‘gaps in support’ from UK, charities warn. Independent. Retrieved May 21, 2019, from https://www.independent.co.uk/news/uk/home-news/unaccompanied-minors-home-office-children-lone-charities-unicef-ecpat-childrens-society-sajid-javid-a8857276.html.
Burnett, J. (2010). Repatriation medicine. Criminal Justice Matters,82(1), 26–28.
Canning, V. (2017). Gendered harm and structural violence in the British asylum system. Abingdon, Oxon, UK: Routledge.
Carswell, K., Blackburn, P., & Barker, C. (2011). The relationship between trauma, post-migration problems and the psychological well-being of refugees and asylum seekers. International Journal of Social Psychiatry,57(2), 107–119.
Chakraborti, N., & Garland, J. (2012). Reconceptualizing hate crime victimization through the lens of vulnerability and “difference”. Theoretical Criminology,16(4), 499–514.
Cummins, I. (2018). The impact of austerity on mental health service provision: A UK perspective. International Journal of Environmental Research and Public Health,15(6), 1145–1156.
Danewid, I. (2017). White innocence in the Black Mediterranean: Hospitality and the erasure of history. Third World Quarterly,38(7), 1674–1689.
De Genova, N. (2002). Migrant “illegality” and deportability in everyday life. Annual Review of Anthropology,31(1), 419–447.
Equality and Human Rights Commission. (2018). Article 2: Right to life. Retrieved May 21, 2018, from https://www.equalityhumanrights.com/en/human-rights-act/article-2-right-life. Last updated November 15, 2018.
Estévez, A. (2020). Mexican necropolitical governmentality and the management of suffering through human rights technologies. Critical Criminology,28(1), 1–16.
Foucault, M. (1978). The history of sexuality: The will to knowledge. London: Penguin.
Foucault, M. (1982). The subject and power. Critical Inquiry,8(4), 777–795.
Foucault, M. (2003). Society must be defended: Lectures at the Collège de France, 1975–1976 (Vol. 1). London: Macmillan.
Gentleman, A. (2018). Suicides raise alarm about UK’s treatment of child refugees. The Guardian, June 17. Retrieved May 21, 2019, from https://www.theguardian.com/uk-news/2018/jun/17/suicides-raise-alarm-about-uk-treatment-of-child-refugees-eritrean.
Gill, N. (2010). New state-theoretic approaches to asylum and refugee geographies. Progress in Human Geography,34(5), 626–645.
Goldberg, D. T. (2002). The racial state. Hoboken, NJ: Blackwell Publishing.
Graham, M. (2002). Emotional bureaucracies: Emotions civil servants, and immigrants in the Swedish welfare state. Ethos,30(3), 199–226.
Grayson, J. (2016). Asylum seekers with red doors are still being targeted by racists. Open Democracy, May 22. Retrieved May 21, 2018, from https://www.opendemocracy.net/en/shine-a-light/asylum-seekers-with-red-doors-are-still-being-targeted-by-racis/.
Green, P., & Grewcock, M. (2002). The war against illegal immigration: state crime and the construction of a European identity. Current Issues in Criminal Justice,14(1), 87–101.
Grewcock, M. (2010). Border Crimes: Australia’s war on illicit migrants. Annandale, NSW: Federation Press.
Hacker, K., Chu, J., Leung, C., Marra, R., Pirie, A., Brahimi, M., et al. (2011). The impact of immigration and customs enforcement on immigrant health: Perceptions of immigrants in Everett, Massachusetts, USA. Social Science and Medicine,73(4), 586–594.
Hansson, J., Ghazinour, M., & Wimelius, M. E. (2015). Police officers’ use of discretion in forced repatriations of unaccompanied, asylum-seeking refugee children—balancing efficiency and dignity. International Journal of Social Work and Human Services Practice,3(3), 101–108.
House of Commons, Home Affairs Committee. (2017). Asylum accommodation. Twelfth Report of Session 2016–2017. Retrieved February 12, 2018, from https://publications.parliament.uk/pa/cm201617/cmselect/cmhaff/637/637.pdf.
Hynes, P. (2011). The dispersal and social exclusion of asylum seekers: Between liminality and belonging. Bristol: Policy Press.
Jubany, O. (2017). Screening asylum in a culture of disbelief. London: Palgrave Macmillan.
Kalir, B. (2019). Departheid: The draconian governance of illegalized migrants in western states. Conflict and Society,5(1), 19–40.
Kundnani, A. (2007). The end of tolerance: Racism in 21st century Britain. London: Pluto Press.
Lentin, A., & Lentin, R. (Eds.). (2009). Race and state. Newcastle upon Tyne: Cambridge Scholars Publishing.
Li, S. S., Liddell, B. J., & Nickerson, A. (2016). The relationship between post-migration stress and psychological disorders in refugees and asylum seekers. Current Psychiatry Reports,18(82), 1–9.
Lipsky, M. (2010). Street-level bureaucracy: Dilemmas of the individual in public service. New York: Russell Sage Foundation.
Mbembe, A. (2003). Necropolitics. Public Culture,15(1), 11–40.
Medical Justice. (2016). Death in immigration detention 2000–2015. Retrieved August 13, 2018, from https://www.medicaljustice.org.uk/wp-content/uploads/2016/09/MJ_death_in_immigration_detention__FINAL_WEB-1.pdf.
Mental Health Foundation. (2016). Fundamental facts about Mental Health 2016. Mental Health Foundation: London. https://www.mentalhealth.org.uk/sites/default/files/fundamental-facts-about-mental-health-2016.pdf
Michalowski, R. (2013). In search of “state and crime” in state crime studies. In W. J. Chambliss, R. Michalowski, & R. Kramer (Eds.), State crime in the global age (pp. 25–42). Cullompton, Devon, UK: Willan.
Michalowski, R., & Hardy, L. (2014). Victimizing the undocumented: Immigration policy and border enforcement as state crime. In D. Rothe & D. Kauzlarich (Eds.), Towards a victimology of state crime (pp. 101–123). London: Routledge.
National Audit Office. (2014). COMPASS contracts for the provision of accommodation for asylum seekers. Retrieved February 12, 2018, from https://www.nao.org.uk/wp-content/uploads/2014/01/10287-001-accommodation-for-asylum-seekers-Book.pdf.
Netto, G. (2011). Identity negotiation, pathways to housing and “place”: The experience of refugees in Glasgow. Housing, Theory and Society,28(2), 123–143.
Neuner, F., Kurreck, S., Ruf, M., Odenwald, M., Elbert, T., & Schauer, M. (2010). Can asylum-seekers with posttraumatic stress disorder be successfully treated? A randomized controlled pilot study. Cognitive Behaviour Therapy,39(2), 81–91.
No Deportations. (2017). Self-harm statistics. Retrieved February 12, 2019, from https://www.no-deportations.org.uk/Resources/Self-Harm2007-2016.html.
Pickering, S., & Weber, L. (2006). Borders, mobility and technologies of control. In S. Pickering & L. Weber (Eds.), Borders, mobility and technologies of control (pp. 1–19). London: Palgrave.
Poynting, S., & Perry, B. (2007). Climates of hate: Media and state inspired victimisation of Muslims in Canada and Australia since 9/11. Current Issues in Criminal Justice,19(2), 151–171.
Right to Remain. (2016). What is a fresh claim? Retrieved May 16, 2018, from https://righttoremain.org.uk/what-is-a-fresh-claim/.
Right to Remain. (2019). Human rights cases: Medical grounds. Retrieved May 21, 2019, from https://righttoremain.org.uk/human-rights-cases-medical-grounds/.
Safer Bristol Partnership. (2017). Multi-agency learning review following the murder of Bijan Ebrahimi. Retrieved April 17, 2018, from https://www.bristol.gov.uk/documents/20182/35136/Multi-agency+learning+review+following+the+murder+of+Bijan+Ebrahimi.
Shelby, T. (2002). Is racism in the “heart”? Journal of Social Philosophy,33(3), 411–420.
Silove, D., Steel, Z., Suslijk, I., Frommer, N., Loneragan, C., & Chey, T. (2007). The impact of the refugee decision on the trajectory of PTSD, anxiety, and depressive symptoms among asylum seekers: A longitudinal study. American Journal of Disaster Medicine,2(6), 321–329.
Solomos, J. (1993). Race and racism in Britain. London: Macmillan.
Steel, Z., Frommer, N., & Silove, D. (2004). Part I—The mental health impacts of migration: The law and its effects: Failing to understand: Refugee determination and the traumatized applicant. International Journal of Law and Psychiatry,27(6), 511–528.
Teodorescu, D. S., Heir, T., Hauff, E., Wentzel-Larsen, T., & Lien, L. (2012). Mental health problems and post-migration stress among multi-traumatized refugees attending outpatient clinics upon resettlement to Norway. Scandinavian Journal of Psychology,53(4), 316–332.
Tribe, R. (2002). Mental health of refugees and asylum-seekers. Advances in Psychiatric Treatment,8(4), 240–247.
Whitley, L. (2017). The disappearance of race: A critique of the use of Agamben in border and migration scholarship. Borderlands,16(1), 1–23.
Yuval-Davis, N., Wemyss, G., & Cassidy, K. (2019). Bordering. Hoboken, NJ: John Wiley and Sons.
Ziarek, E. P. (2008). Bare life on strike: Notes on the biopolitics of race and gender. South Atlantic Quarterly,107(1), 89–105.
I would like to thank the two anonymous reviewers for their helpful suggestions and advice. I would also like to express my gratitude to Gemma Lousley (Birkbeck, University of London), Agnieszka Martynowicz (Edgehill University), Scott Poynting (Charles Sturt University), Sarah Turnbull (University of Waterloo), and Aaron Winter (University of East London). I would also like to thank the speakers and audience at the Race, Mental Health and State Violence symposium where this paper was first presented (held at Birkbeck, University of London on April 10–11, 2018 (https://www.bbk.ac.uk/events/remote_event_view?id=440).
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Bhatia, M. The Permission to be Cruel: Street-Level Bureaucrats and Harms Against People Seeking Asylum. Crit Crim (2020). https://doi.org/10.1007/s10612-020-09515-3