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- Immigration; Immigration Detention; Transfer; Custody; Immigration and Customs Enforcement; Agency; Noncitizen; Deportation; Freedom of Information Act; Archipelago; Asylum; Notice to Appear; Executive Office for Immigration Review; Board of Immigration Appeals; Department of Homeland Security; Immigration and Naturalization Service; Immigration and Nationality Act; Intergovernmental Service Agreement; Bond; Parole; Representation; Community; Rumsfeld v. Padilla; Legal Cynicism; Inter-American Commission on Human Rights; Jurisdiction; Hunger Strike; Performance-Based National Detention Standards (1)
- Immigration; Procedural Due Process; Immigration Bail; Involuntary Confinement (1)
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Articles 1 - 2 of 2
Full-Text Articles in Administrative Law
A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings, Stacy L. Brustin
A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings, Stacy L. Brustin
Brooklyn Law Review
Over the last four years, the US Supreme Court has granted certiorari in four immigration bond review cases. The sheer number of cases the Court has recently considered underscores the significance of this area of immigration law. Each case centers on whether the Immigration and Nationality Act or the Constitution mandates a bond review hearing after prolonged detention. Yet these cases leave unresolved the issue of whether initial bond hearings themselves meet the due process threshold required of civil confinement proceedings. Federal circuit and district courts have addressed aspects of this question and found procedural due process violations. However, most …
Ice Transfers And The Detention Archipelago, Sabrina Balgamwalla
Ice Transfers And The Detention Archipelago, Sabrina Balgamwalla
Journal of Law and Policy
This article examines transfers as an understudied but critical dimension of the immigration detention system. Transfers regularly take detainees in immigration custody from public to private facilities, across state lines, and beyond the jurisdiction of individual courts. Immigration and Customs Enforcement (“ICE”) has virtually unlimited authority to use transfers strategically to further agency goals of immigration enforcement. For individual detainees, transfers shape outcomes in their immigration cases. Noncitizens are regularly funneled into detention centers in legal jurisdictions generally hostile to claims for relief. Transfers also regularly send detainees to facilities in isolated, rural communities, where they are more likely to …