Index/Topics/Mandatory detention

Mandatory detention

The practice of detaining noncitizens without the possibility of release on bond due to certain criminal convictions or recent unlawful entry.

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6 results
Jan 24, 2026
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What are federal policies governing detention of children when a parent is arrested by ICE?

since mid‑2025 requires to account for parental interests when arresting or detaining parents—allowing detained parents to identify caretakers, seeking to keep families together where practicable, and...

Jan 27, 2026
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Can ICE detain individuals without a court hearing or trial?

Yes — can and does hold people in custody without a criminal trial, and in some cases without a conventional immigration-court hearing, by using civil immigration detention, , and administrative proce...

Jan 12, 2026
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Are non criminal illegal detainees released back to the U.S.?

Non‑criminal immigrants who are in the United States without lawful status may be released from immigration custody in some circumstances—through bond, placement in Alternatives to Detention (ATD), or...

Jan 19, 2026

How does an unconditional discharge differ from dismissal or expungement under New York law?

An unconditional discharge in New York is a court sentence that releases a defendant from punishment without imprisonment, fines or probation and is treated as a final judgment of conviction . That di...

Jan 19, 2026

What legal rights and due process protections do detained immigrants have in removal proceedings?

Detained noncitizens in removal proceedings have constitutionally recognized due‑process protections but face a system with sharp procedural gaps: they generally have the right to a hearing before an ...

Jan 14, 2026

How do detention and release policies differ for detainees with criminal records compared to those with only civil immigration violations?

Detention and release policies diverge sharply depending on whether an individual has a criminal record: immigration law creates categories of mandatory detention tied to specified criminal conviction...