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Immigration Law > Detention > Flashcards

Detention Flashcards

1
Q

Immigration detention is a form of ____ detention

A

civil

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2
Q

Detention can be either ___ or __ based on the INA

A

mandatory, discretionary

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3
Q

Stated purposes of detention

A
  • ensure presence at removal hearing
  • address community safety concerns
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4
Q

Unstated purposes of detention

A
  • deter violation of imm laws
  • punishment
  • lucrative for private facilities
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5
Q

Since the 2016 Appropriations Act, ICE has construed “maintain” to mean ___

A

maintain and fill 34,000 beds

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6
Q

Groups subject to detention

A
  • expedited removal (asylum)
  • applicants for admission not subject to expedited removal
  • placed in removal proceedings
  • Individuals ordered removed
  • post removal detention
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7
Q

Applicants for admission subject to expedited removal who claim asylum have detention __

A

that is mandatory with option for parole

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8
Q

Anyone detained while seeking admission cannot ___

A

seek release on bond (only parole option)

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9
Q

Individuals placed in removal proceedings subject to mandatory detention are normally ___

A

due to criminal convictions

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10
Q

If subject to removal and mandatory detention can only be released if ___

A

necessary to provide protection to a witness
AND won’t pose danger
AND likely to appear for proceeding

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11
Q

____ to mandatory detention while subject to removal have not succeeded

A

Constitutional challenges

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12
Q

Johnson rejected __

A

request for bond hearing (to determine whether should be detained longer than 6 months while seeking withholding of removal)

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13
Q

Jennings mandated __

A

detention until finish asylum application or removal proceedings concluded without imposing time limit for bond hearings

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14
Q

Jennings says the definite termination point is ___

A

conclusion of removal proceedings

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15
Q

Jennings dissent says __

A

majority interpretation of statute makes it unconstitutional, detain should be able to coexist with bail

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16
Q

Preap says still subject to mandatory detention even if __

A

not immediately after released from custody for criminal offense (even if years after)

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17
Q

If you are placed in removal proceedings but not subject to mandatory detention then you can get __

A

discretionary detention with possible release on bond after hearing with IJ

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18
Q

Factors to consider in deciding to grant bond

A
  • danger to community
  • flight risk
  • very discretionary
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19
Q

Minimum bond amount

A

1.5K

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20
Q

Average bond amount

A

8K

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21
Q

Max bond amount

A

none

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22
Q

In some jdx, the IJ must take ___ into account when setting bond

A

ability to pay

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23
Q

You can appeal bond amount to __ but not __

A

BIA, federal courts

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24
Q

How are individuals ordered removed detained

A

order to remove but govt cannot physically deport yet

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25
If ordered removed and still detained subject to ___
constitutional limits + periodic review for possible release
26
Release if ordered removed doesn't mean __
no longer subject to removal
27
Under Zadvydas, ___ would raise significant constitutional concerns
allowing indefinite detention
28
Zadvydas distinguishes itself from Mezei because ___
due process applies if in country (mezei was seeking entry and at ellis island)
29
If six month period after removal lapses, the alien must be __
released if no significant likelihood of removal in foreseeable future
30
After Zadvydas, after 90 days past removal date there should ___
be release hearing
31
What is post-removal detention
ordered removed, removed, reenters, subject to reinstatement but seeking withholding of removal
32
If placed in removal proceedings generally discretionary detention not mandatory unless
- inadmissible under 212(a)(2) (crimes) - Deportable under 237(a)(2) - CIMT within 5 years admission and 1+ years sentence
33
If get released from detention you don't get ___
work authorization unless otherwise eligible (LPR)
34
Federal judge can not set aside decision of AG regarding __
- detention vs. release - grant/revocation/denial of bond or parole
35
Plaintiff can bring ____ to detention
constitutional challenge
36
What is Flores settlement
limits period that alien minor can be detained by DHS
37
Issue in US v Texas
Does TX have standing to sue fed govt over imm policy
38
Texas holding
Has standing because state suffered injury by being forced to provide public education and emergency Medicare services
39
Texas _____ idea of standing because ___
enlarges, most federal laws affect states
40
State ability to legislate on immigration is limited by __
federal preemption (Constitution Supremacy Clause)
41
What is express preemption
explicit language preempting state laws
42
What is implied preemption
structure and purpose implicitly reflect preemptive intent
43
Types of implied preemption
field conflict
44
types of field preemption
pervasive scheme of federal regulation implicitly precludes supplementary state leg OR states attempt to regulate field where dominant federal interest
45
Types of conflict preemption
impossibility obstacle
46
What is impossibility preemption
complying with federal law will naturally make following local laws impossible
47
what is obstacle preemption
obstacle to accomplishing objective of the federal law
48
Courts tend to disfavor field preemption arguments against state/local measures ___
related to alien employment (need express or conflict)
49
Not every state enactment relating to immigration is ___
per se preempted
50
Immigrant who fails to carry registration ___
is preempted on implied-field grounds
51
Criminalizing seeking work without authorization is __
preempted under implied - obstacle (Congress made deliberate choice not to impose)
52
Law saying police must demand papers and investigate if they suspect a person is undocumented is __
not preempted
53
Suspension of business license if hire unauthorized workers is __
not preempted (IRCA left space to states to impose sanctions through licensing)
54
Law saying employers in state must use E-Verify is __
not preempted (limits federal ability to mandate but doesn't restrict states)
55
Law criminalizing obtaining employment based on fraud is __
not preempted (unrelated to work authorization, tax forms)
56
To naturalize, applicants bear burden to __
prove entered lawfully
57
Requirements for naturalization
- LPR status - 5 years residence - good moral character - 18+ - English language proficiency - Pass civics exam - Swear allegiance
58
The US doesn't prohibit dual citizenship but __
must take oath renouncing allegiance to any other country
59
Civic exam can get special consideration if __
65+
60
Only ___ is required to naturalize if became LPR through marriage to USC
3 years
61
Continous residence for naturalization is broken if __
1+ year absence unless employed abroad by American company
62
6-12 month absence breaks residence for naturalization unless ___
can show didn't abandon US residence
63
Other pathways to citizenship
- military service (faster) - children under 19 naturalize alongside parents - selling citizenship?
64
what is expatriation
act with intent to relinquish citizenship
65
what is denaturalization
if citizenship procured by concealment of material fact or willful misrepresentation
66
If denaturalize, derivatives ___
also lose (unless due to terrorist grounds or dishonorable discharge and not living abroad)

Immigration Law (14 decks)

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