The federal government may invoke the INA’s mandatory detention provision, INA § 236(c), to keep individuals in removal proceedings locked up without bringing them before an immigration judge for a bond hearing. After that, the U.S. District Court for the District of Massachusetts concluded, immigration officials must provide detainees with bond hearings. Reid v. Donelan, No. 13-cv-30125-MAP, slip op. (D. Mass. Jan. 9, 2014) (Ponsor, J.). This case involved an LPR detained for 14 months by the time the court issued its order in January. During this time, he lost a claim for protection under [...]
Is immigration detention a feature of incarceration?
A pair of reports produced by well-respected policy organizations in the United States implicitly raised a question about the proper role of immigration detention in discussions of imprisonment generally. Should we consider immigration detention as a wholly distinct topic from incarceration or is immigration detention a part of incarceration policies? A report produced by the estimable Brennan Center for Justice on reforming financial incentives propelling mass incarceration took the former approach. The report, Reforming Funding to Reduce Mass Incarceration, is an impressive assessment [...]
New ICE policy on segregated confinement
A new ICE policy on use of segregated detention surfaced last week. The policy appears to respond to widespread criticism of ICE’s use of detention by more clearly articulating circumstances in which segregation is permitted. U.S. Immigration and Customs Enforcement, Review of the Use of Segregation for ICE Detainees (September 4, 2013). As I summarize in a forthcoming article in the UCLA Law Review, immigration detainees are reportedly placed in solitary confinement where they are locked in cells for twenty-three hours a day without contact with other detainees. A recent review of [...]
Report reveals key info about immigration prisons
A report by Human Rights First discloses a wealth of hard-to-find information about the nation’s burgeoning immigration detention system. Jails and Jumpsuits: Transforming the U.S. Immigration Detention System—A Two-Year Review (2011) goes a long way to shattering the legal claim that immigration detention is a form of civil confinement. Though this report was published two years ago, I only recently came across it and found it very informative. Over and over, the report exposes immigration detention centers as using the same procedures as criminal jails. Detainees usually wear uniforms that [...]
ICE Risk Assessments: From Mass Detention to Mass Supervision?
Mark Noferi and Robert Koulish [Ed. Note: Today, Mark Noferi is joined by Professor Robert Koulish, a political scientist in the Department of Government and Politics at the University of Maryland who also teaches immigration law at Maryland’s Carey School of Law. Professor Koulish’s most recent book is “Immigration and American Democracy: Subverting the Rule of Law,” in which he examined immigration control as a laboratory for post-9/11 expansion of U.S. executive power, and he is co-editing “Immigration Detention, Risk and Human Rights—Studies on Immigration and Crime” (2014 release). His [...]
Detention & Due Process in S. 744: The NYC Bar Speaks Out, Part 2
Mark Noferi Yesterday, I highlighted the New York City Bar Association immigration committee’s advocacy for universal appointed counsel in immigration proceedings, as well as City Bar’s analysis of Senate Judiciary Committee amendments that would roll back the limited right provided by S. 744. (City Bar’s April 24 letter supporting appointed counsel is available here, and its statement here). Today, I’ll highlight City Bar’s advocacy for reduced detention, and its analysis of amendments that, similarly, roll back the advances provided by S. 744. (City Bar’s second letter supporting [...]
The Mentally Ill Immigrant & Due Process
Patty Corrales On April 23, 2013, a federal district judge ordered in the case of Franco-Gonzalez v. Holder, a class action lawsuit, the U.S. Immigration and Customs Enforcement, the Attorney General, and the Executive Office of Immigration Review to provide legal representation to immigrant detainees with mental disabilities who are facing deportation and who are unable to adequately represent themselves in immigration hearings. Franco-Gonzalez v. Holder, No. CV 10-02211 DMG, slip op. (C.D. Cal. April 23, 2013) (Gee, J.). The ruling is the first of its kind for immigrant detainees who are [...]
Time to Rethink Immigration Detention
Last month’s release of immigrants from immigration detention centers brought praise from immigrants' rights advocates and impassioned criticism from conservative politicians. House Speaker John Boehner decried the decision to “let criminals go free” and chairman of the House Judiciary Committee Bob Goodlatte added, "By releasing criminal immigrants onto the streets, the administration is needlessly endangering American lives." It was no surprise that the White House quickly distanced itself from last month's events. The Obama Administration has expanded the immigration detention population [...]