Immigration Article of the Day: Legal and Extra-Legal Challenges to Immigrant Detention by Prerna Lal

Legal and Extra-Legal Challenges to Immigrant Detention by Prerna Lal, 24 Asian Am. L.J. 131 (2017)

Abstract

This Article attempts to trace legal and extra-legal challenges to the mandatory detention statute, enumerated in section 236(c) of the Immigration and Nationality Act (INA), and the growing archipelago of immigrant detention in the United States. The United States runs a massive immigrant detention system, pursuant to several statutory schemes, that gives the Department of Homeland Security (DHS) permission to detain non-citizens, including asylum seekers, during removal proceedings. It is a civil detention system wherein non-citizens are detained across the country in various types of facilities operated by the federal government, private detention contractors, or local jails.

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