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While these sources were able to help clarify the different situations that make non-citizens in Kuwait vulnerable to detention, they were unable to provide details about detention procedures.Beginning in 2013, Kuwait began systematically targeting visa violators—foreigners working in Kuwait without authorization—paralleling a similar campaign that was taking place at the same time in neighbouring Saudi Arabia. In early 2014, the Kuwaiti Ministry of Interior ordered a halt to immigration raids because police stations and prisons were no longer able to accommodate the large numbers of people being arrested for residency violations. Several months later, in January 2015, the government announced that it was launching a new crackdown on “illegal residents,” which was reportedly expected to result in the arrest of more than 100,000 people. According to statistics from the Public Authority for Civil Information, at the end of 2014 expatriates massively outnumbered Kuwaiti citizens—1.2 million Kuwaitis compared to 2.8 million foreign residents (including 1.5 million Asians and 1.2 million Arabs). Fifty-five percent of Kuwaiti citizens of working age are employed, compared to 85 percent of non-Kuwaitis. This imbalance and the high unemployment rates for Kuwaitis have been used as justifications for calls to deport expatriates.While Kuwait is considered to be relatively “liberal” when compared to its Gulf neighbours, it can often be opaque when it comes to information about the treatment of migrant labourers.Thus, while the government has in the past granted access to detention facilities to a local rights group called the Kuwait Society for Human Rights (KSHR), a delegation from the International Federation for Human Rights (FIDH) that visited Kuwait in November 2013 told the Global Detention Project (GDP) that during their visit to the country their requests to meet with various government ministries were rejected.“Deportation may be ordered by the judge (judicial deportation) or by the Ministry of Interior (administrative deportation); only in cases where the Ministry of Interior has ordered the deportation may it be appealed on humanitarian or similar grounds.” Articles 16 of the Residence Law provides that the Head of Police and Public Security may deport any expatriate, even one holding a valid residency permit in the following circumstances: (1) a court has ordered his deportation; (2) he has no means of living/supporting himself; or (3) the Head of Police and Public Security consider the deportation to be in the public interest.Article 17 provides that the dependents of a foreigner who has been ordered deported must also be deported.
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