ABSTRACT

Immigration-Related Detention: Current Legislative Issues [April 28, 2004]   [open pdf - 90KB]

"The attacks of September 11, 2001, have increased interest in the authority under the Immigration and Nationality Act (INA) to detain non-citizens (aliens)1 in the United States. The law provides broad authority to detain aliens while awaiting a determination of whether they should be removed from the United States, and mandates that certain categories of aliens are subject to mandatory detention (i.e., the aliens must be detained) by the Department of Homeland Security (DHS). Aliens not subject to mandatory detention may be detained, paroled, or released on bond. "Enemy combatants" at the Guantanamo U.S. military base in Cuba are not under the authority of DHS, nor are non-citizens incarcerated in federal, state, and local penitentiaries for criminal acts. This CRS report addresses policy issues surrounding the detention of aliens including concerns about the number of aliens subject to mandatory detention, and the justness of mandatory detention, especially as it is applied to asylum seekers arriving without proper documentation. The report also addresses the Attorney General's role in the detention of non-citizens since the creation of DHS."

Report Number:
CRS Report for Congress, RL32369
Author:
Publisher:
Date:
2004-04-28
Series:
Copyright:
Public Domain
Retrieved From:
Via E-mail
Format:
pdf
Media Type:
application/pdf
URL:
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