Rethinking Immigration's Mandatory Detention Regime: Politics, Profit, and the Meaning of 'Custody'

37 Pages Posted: 28 Mar 2015 Last revised: 22 Jul 2015

Date Written: 2015

Abstract

This article discusses the legislative history of mandatory immigration detention and offers two different interpretations of the mandatory statute that would allow for greater use of detention alternatives. The article provides historical context to the emergence of mandatory detention and discusses the for-profit prison industry's political influence in shaping today's immigration detention regime. Lastly, the article discusses interpretations of the term "custody" in the mandatory detention statute that would allow immigration officials to meet the statute's requirements without resorting to detention.

Suggested Citation

Torrey, Philip, Rethinking Immigration's Mandatory Detention Regime: Politics, Profit, and the Meaning of 'Custody' (2015). University of Michigan Journal of Law Reform, Vol. 48, No. 101, 2015. Available at SSRN: https://ssrn.com/abstract=2585508

Philip Torrey (Contact Author)

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

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