Comment, Living in Limbo: Mandatory Detention of Immigrants Under the Illegal Immigration Reform and Responsibility Act of 1996
Amy Kathleen Langenfeld
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Arizona State Law Journal, Vol. 31, p. 1041, 1999
This Comment discusses the troubling implications of the 1996 reforms with respect to international human rights law and the Due Process Clause and separation of powers safeguards of the United States Constitution. Part II describes the challenges faced by immigrants detained in the United States. Part III discusses the Reform Act's performance under international human rights standards as well as domestic standards such as due process and separation of powers. Part IV presents recommendations for any or all of the three branches of federal government to reconcile immigration policies with these standards. For example, one option for ensuring that the Reform Act's expedited removal and mandatory detention provisions conform with due process and separation of powers is restoring immigrants' access to judicial review. However, other practical options have been proposed. Some of the available solutions would accommodate immigrants' need for protection and governmental needs for effective immigration laws, and would not require legislative overhaul of the Reform Act.
Number of Pages in PDF File: 29Accepted Paper Series
Date posted: July 12, 2009
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