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The judicial remedy for detainees seeking to challenge the lawfulness of their detention in expedited removal contexts.
The Constitution contains no explicit grant of power to declare “martial law,” and that absence shapes multiple legal constraints: Congress controls domestic military deployment through statutes and a...
When Immigration and Customs Enforcement (ICE detains a U.S. citizen by mistake, the immediate remedies are procedural: assert citizenship, present documents, and insist on counsel and verification so...
When ICE wrongfully detains a person who is actually a U.S. citizen and disputes their documentation, the immediate remedies are administrative (assert citizenship, present documents, insist on counse...
from / can press federal courts using a combination of administrative requests grounded in the and , and broader civil-rights or state-tribal suits that permit discovery, and habeas or injunctive acti...
who are wrongfully detained or swept into face constrained remedies, but there are distinct administrative and limited judicial pathways to challenge detention and orders: administrative review when a...
A web of constitutional protections, statutory rules, and administrative review mechanisms is designed to prevent the deportation of U.S. citizens and to catch government errors before they result in ...