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Rethinking Immigration’S Mandatory Detention Regime: Politics, Profit, And The Meaning Of “Custody”, Philip L. Torrey
Rethinking Immigration’S Mandatory Detention Regime: Politics, Profit, And The Meaning Of “Custody”, Philip L. Torrey
University of Michigan Journal of Law Reform
Immigration detention in the United States is a crisis that needs immediate attention. U.S. immigration detention facilities hold a staggering number of persons. Widely believed to have the largest immigration detention population in the world, the United States detained approximately 478,000 foreign nationals in Fiscal Year 2012. U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement, boasts that the figure is “an all-time high.” In some ways, these numbers are unsurprising, considering that the United States incarcerates approximately one in every one hundred adults within its borders—a rate five to ten times higher than any other Westernized …
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
University of Michigan Journal of Law Reform
Part I of this Article reviews the history and development of asylum law in the United States which culminated in the passage of the Refugee Act of 1980. It analyzes the failure of the responsible administrative authorities to follow the dictates of the law - a circumstance which prompted the passage of the Act and which now threatens to subvert the right to asylum in the United States. Part II considers the impact on asylum seekers of new alien interdiction and detention programs, and the legality of those programs under domestic and international law. Finally, Part III makes specific recommendations, …