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Swimming Upstream: Pre-Release Detainees In The Face Of Rising Bonds, Craig R. Novak
Swimming Upstream: Pre-Release Detainees In The Face Of Rising Bonds, Craig R. Novak
Craig R. Novak
Investigating a persistent thread discussed among immigration law practitioners, this Article explores whether or not bond determination amounts are increasing beyond what most non-criminal immigrants can raise, and therefore they are effectively incarcerated. Concluding affirmatively that immigration judges are dramatically raising the amount of bonds, the Article explores the background of pre-release bonds and bail and the spirit and nature of them in both criminal and immigration law.
Yet, although a case is made that the bond determination amounts are against the spirit of pre-release, the question remains as to why, and under what policies are people, some of whom …