Weighing Pain: How the Harm of Immigration Detention Must be Factored in Custody Decisions

38 Pages Posted: 12 Sep 2022 Last revised: 27 Sep 2022

See all articles by Linus Chan

Linus Chan

University of Minnesota School of Law - Center for New Americans

Date Written: September 9, 2021

Abstract

The United States is currently in the midst of a 'third wave of potential pretrial detention reform'. And while certain reforms are gaining traction in an effort to reduce pretrial criminal detention, efforts to do the same for immigration detention have lagged. Reformers and abolitionists make the case that immigration detention needs to be either restricted or eliminated entirely. Nonetheless, the number of people held in detention for immigration purposes rises year after year. Not only do the numbers of people in immigration detention grow, but the systems in place have grown less concerned with the harsh consequences of detention to the most vulnerable.

By turning a blind eye to detention harms, the immigration custodial system categorically subordinates the fundamental liberty interest against confinement to the government’s ambiguous interest in crime prevention.

Keywords: Detention, deportation, immigration, constitution, harms

JEL Classification: K37

Suggested Citation

Chan, Linus, Weighing Pain: How the Harm of Immigration Detention Must be Factored in Custody Decisions (September 9, 2021). Minnesota Legal Studies Research Paper No. 22-14, William & Mary Journal of Women and the Law, Vol. 27, No. 865, 2021, Available at SSRN: https://ssrn.com/abstract=4214816 or http://dx.doi.org/10.2139/ssrn.4214816

Linus Chan (Contact Author)

University of Minnesota School of Law - Center for New Americans ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
8
Abstract Views
79
PlumX Metrics