The subject of Immigration Detention has been one rife with controversy for the entirety of its existence. One of the many issues is the system’s existence in a sort of limbo between the worlds of civil and criminal law. On the one hand, Immigration Detention (i.e. being detained by Immigration and Customs Enforcement, or ICE, for violating an immigration law) is considered a civil law matter. However, immigrants subject to this system are treated no differently than criminals locked up for committing crimes, thereby making it criminal in effect. With the huge backlogs currently being experienced by all immigration courts, immigrants are often stuck in detention for a prolonged amount of time, while their case proceeds through the pipeline. Where this becomes particularly problematic is when whole families get stuck in the no man’s land that is an ICE detention facility. The attached article discusses a recent decision passed down by a Los Angeles Federal District Court Judge, demanding that immigration authorities begin to follow through with previously reached agreements in the reformation of the Immigration Detention system.

 

Immigration Detention and the Need for Reform

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