ABSTRACT

'Nielsen V. Preap': High Court Clarifies Application of Immigration Detention Statute to Criminal Aliens [April 12, 2019]   [open pdf - 625KB]

From the Document: "Recently, the Supreme Court in 'Nielsen v. Preap' interpreted provisions of the Immigration and Nationality Act (INA) as mandating the detention pending removal proceedings of non-U.S. nationals (aliens) who have committed certain specified crimes, even if those aliens are not detained by immigration authorities immediately upon release from criminal incarceration. The Court reversed a decision by the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit), which had construed the INA provisions as affording such aliens the opportunity to seek release on bond if they were not promptly detained by immigration authorities after release from criminal custody. The Supreme Court determined that the INA's plain text and structure demonstrated that Congress intended that aliens who have committed certain crimes not be released on bond, no matter how much time has passed between their release from criminal custody and subsequent immigration arrest. The Court's reading of the mandatory detention statute reinforces the government's broad authority to detain aliens pending their removal proceedings."

Report Number:
CRS Legal Sidebar, LSB10282
Author:
Publisher:
Date:
2019-04-12
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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