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Immigration; due process; detention; bond hearings; immigrants; criminal immigrants; criminal aliens; liberty; constitutional law; immigration law; statutory interpretation; statutory amendment; 8 U.S.C. § 1226(c); Jennings v. Rodriguez; Immigration court; detain; detention; Immigration and Customs Enforcement; ICE
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Demanding Due Process: Time To Amend 8 U.S.C. § 1226(C) And Limit Indefinite Detention Of Criminal Immigrants, Allison M. Cunneen
Demanding Due Process: Time To Amend 8 U.S.C. § 1226(C) And Limit Indefinite Detention Of Criminal Immigrants, Allison M. Cunneen
Brooklyn Law Review
Under 8 U.S.C. § 1226(c), Congress mandates that the Attorney General detain criminal immigrants upon release from prison. The statute neither provides a temporal limitation to detention nor does it afford a criminal immigrant periodic bond hearings to determine whether he or she is a flight risk or danger to the community. Thus, until an immigration judge decides whether a criminal immigrant should be removed from the United States, that person remains detained. With the unprecedent backlog in immigration courts, criminal immigrants are waiting longer for a removal hearing, which means longer time spent in detention with no opportunity for …