Immigration Article of the Day: The Impact of Pretrial Detention on Immigration Case Proceedings: An Empirical Analysis  by Jose Martinez

The Impact of Pretrial Detention on Immigration Case Proceedings: An Empirical Analysis  by Jose Martinez,  Columbia Law Review, Forthcoming

Abstract

This Note presents an empirical assessment of the downstream consequences of immigration detention in light of recent overcrowding in immigrant detention centers and prolonged detention stays. The study’s main findings—that voluntary departure is not correlated with time spent in detention, that access to counsel during bond reconsideration hearings positively impacts outcomes in removal proceedings, and that bond amounts do not impact a detainee’s propensity to appear in court—help inform legal strategies for practitioners and recommendations for agency officials and immigration judges.

KJ