Law Commons^™

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 …