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A Supreme Court case that sanctioned mandatory detention in some criminal-removal contexts.
The Supreme Court has repeatedly held that many—but not all—constitutional protections apply to noncitizens present in the United States: core guarantees such as the Due Process Clause and certain Equ...
The assembled reporting shows the has long treated noncitizens physically present in as “persons” entitled to at least some constitutional protections, and the Court’s precedents draw a distinction be...
Three principal INA provisions create mandatory detention categories: §236(c) for certain criminal/terror-related noncitizens, §241(a) for the statutory removal period (with categorical bars for some ...
From 2009–2016 a patchwork of federal court decisions, administrative guidance, and challenges to ICE’s practices narrowed certain detention tools and emphasized constitutional limits: courts question...