Description
Book SynopsisThe Immigration and Nationality Act (INA) authorizes and in some cases requires the Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens) arrested for immigration violations that render them removable from the United States. An alien may be subject to detention pending an administrative determination as to whether the alien should be removed, and, if subject to a final order of removal, pending efforts to secure the alien's removal from the United States. The immigration detention scheme is multifaceted, with different rules that turn on several factors, such as whether the alien is seeking admission into the United States or has been lawfully admitted into the country; whether the alien has engaged in certain proscribed conduct; and whether the alien has been issued a final order of removal. In many instances DHS maintains discretion to release an alien from custody. But in some instances, such as when an alien has committed specified crimes, the governing statutes have been understood to allow release from detention only in limited circumstances. This book focuses on current topics concerning immigration detention and enforcement.
Table of ContentsPreface; Immigration Detention: A Legal Overview; The Law of Immigration Detention: A Brief Introduction; Is Mandatory Detention of Unlawful Entrants Seeking Asylum Constitutional; Immigration Detainers: Background and Recent Legal Developments; Nielsen v. Preap: High Court Clarifies Application of Immigration Detention Statute to Criminal Aliens; Immigration Detention: ICE Should Enhance Its Use of Facility Oversight Data and Management of Detainee Complaints; Immigration Detention: Actions Needed to Improve Planning, Documentation, and Oversight of Detention Facility Contracts; Immigration Enforcement: Arrests, Detentions, and Removals, and Issues Related to Selected Populations; COVID-19s Effect on Interior Immigration Enforcement and Detention; Index.
