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Fact check: How long can ICE legally detain immigrants with valid documentation?
1. Summary of the results
The question of how long ICE can legally detain immigrants with valid documentation has a complex and concerning answer: ICE can detain immigrants indefinitely, following Supreme Court rulings, regardless of their documentation status [1]. The average detention period is 55 days, but stays can extend to several years [1]. Having valid documentation or even a pending immigration case does not automatically protect against detention [2] [3].
2. Missing context/alternative viewpoints
Several crucial contextual elements need to be considered:
- Detention Criteria: ICE can detain immigrants under specific circumstances, including:
- Being considered a flight risk
- Posing a threat to public safety
- Having prior deportation orders
- Entering without legal inspection [3]
- Legal Framework: The Supreme Court case Jennings v. Rodriguez upheld the government's authority for prolonged detention, though emphasizing the need for individualized bond hearings [4]
- Detention Conditions: There are significant concerns about the conditions in detention facilities, including:
- High rates of assault
- Forced moves
- Use of chemical agents [5]
- Rights Variation: Different immigration statuses carry different rights, with green card holders having rights similar to citizens, though these protections are being challenged by current administration policies [2]
3. Potential misinformation/bias in the original statement
The original question assumes that valid documentation provides some form of protection against detention, which is misleading. Several important factors were omitted:
- The question oversimplifies a complex legal framework that allows for indefinite detention [6]
- It doesn't acknowledge that even minor past crimes can result in years-long detention [6]
- The question doesn't address the significant variation in detention circumstances based on individual cases, criminal records, asylum status, and court system backlog [4]
Those benefiting from this oversimplification might include:
- Private detention facility operators who profit from longer detention periods
- Political actors who benefit from downplaying the complexity of immigration enforcement
- Government agencies seeking to maintain broad detention powers without public scrutiny