Immigration Article of the Day: Rethinking Immigration’s Mandatory Detention Regime: Politics, Profit, and the Meaning of ‘Custody’ by Philip L. Torrey
Rethinking Immigration’s Mandatory Detention Regime: Politics, Profit, and the Meaning of ‘Custody’ by Philip L. Torrey Harvard Law School 2015 University of Michigan Journal of Law Reform, Vol. 48, No. 101, 2015
Abstract: This article discusses the legislative history of mandatory immigration detention and offers two different interpretations of the mandatory statute that would allow for greater use of detention alternatives. The article provides historical context to the emergence of mandatory detention and discusses the for-profit prison industry’s political influence in shaping today’s immigration detention regime. Lastly, the article discusses interpretations of the term “custody” in the mandatory detention statute that would allow immigration officials to meet the statute’s requirements without resorting to detention.
KJ