Pulling Teeth: The State of Mandatory Immigration Detention

Abstract

This article reviews the current condition, history, and jurisprudence of immigration detention alongside a case study of one immigrant who was held in detention for three years. It argues that a detention system designed for a predominately short-term population is likely to always be problematic for the significant population of detainees who are held, pursuant to mandatory detention provisions, for years while they pursue complicated immigration cases. The article offers various solutions involving regulatory or statutory amendments or new administrative guidance.

Keywords: immigration, civil detention, mandatory detention, prolonged detention, detainee, civil rights

JEL Classification: K41