Detention Flashcards
Immigration detention is a form of ____ detention
civil
Detention can be either ___ or __ based on the INA
mandatory, discretionary
Stated purposes of detention
- ensure presence at removal hearing
- address community safety concerns
Unstated purposes of detention
- deter violation of imm laws
- punishment
- lucrative for private facilities
Since the 2016 Appropriations Act, ICE has construed “maintain” to mean ___
maintain and fill 34,000 beds
Groups subject to detention
- expedited removal (asylum)
- applicants for admission not subject to expedited removal
- placed in removal proceedings
- Individuals ordered removed
- post removal detention
Applicants for admission subject to expedited removal who claim asylum have detention __
that is mandatory with option for parole
Anyone detained while seeking admission cannot ___
seek release on bond (only parole option)
Individuals placed in removal proceedings subject to mandatory detention are normally ___
due to criminal convictions
If subject to removal and mandatory detention can only be released if ___
necessary to provide protection to a witness
AND won’t pose danger
AND likely to appear for proceeding
____ to mandatory detention while subject to removal have not succeeded
Constitutional challenges
Johnson rejected __
request for bond hearing (to determine whether should be detained longer than 6 months while seeking withholding of removal)
Jennings mandated __
detention until finish asylum application or removal proceedings concluded without imposing time limit for bond hearings
Jennings says the definite termination point is ___
conclusion of removal proceedings
Jennings dissent says __
majority interpretation of statute makes it unconstitutional, detain should be able to coexist with bail
Preap says still subject to mandatory detention even if __
not immediately after released from custody for criminal offense (even if years after)
If you are placed in removal proceedings but not subject to mandatory detention then you can get __
discretionary detention with possible release on bond after hearing with IJ
Factors to consider in deciding to grant bond
- danger to community
- flight risk
- very discretionary
Minimum bond amount
1.5K
Average bond amount
8K
Max bond amount
none
In some jdx, the IJ must take ___ into account when setting bond
ability to pay
You can appeal bond amount to __ but not __
BIA, federal courts
How are individuals ordered removed detained
order to remove but govt cannot physically deport yet
If ordered removed and still detained subject to ___
constitutional limits + periodic review for possible release
Release if ordered removed doesn’t mean __
no longer subject to removal
Under Zadvydas, ___ would raise significant constitutional concerns
allowing indefinite detention
Zadvydas distinguishes itself from Mezei because ___
due process applies if in country (mezei was seeking entry and at ellis island)
If six month period after removal lapses, the alien must be __
released if no significant likelihood of removal in foreseeable future
After Zadvydas, after 90 days past removal date there should ___
be release hearing
What is post-removal detention
ordered removed, removed, reenters, subject to reinstatement but seeking withholding of removal
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
If get released from detention you don’t get ___
work authorization unless otherwise eligible (LPR)
Federal judge can not set aside decision of AG regarding __
- detention vs. release
- grant/revocation/denial of bond or parole
Plaintiff can bring ____ to detention
constitutional challenge
What is Flores settlement
limits period that alien minor can be detained by DHS
Issue in US v Texas
Does TX have standing to sue fed govt over imm policy
Texas holding
Has standing because state suffered injury by being forced to provide public education and emergency Medicare services
Texas _____ idea of standing because ___
enlarges, most federal laws affect states
State ability to legislate on immigration is limited by __
federal preemption (Constitution Supremacy Clause)
What is express preemption
explicit language preempting state laws
What is implied preemption
structure and purpose implicitly reflect preemptive intent
Types of implied preemption
field
conflict
types of field preemption
pervasive scheme of federal regulation implicitly precludes supplementary state leg
OR states attempt to regulate field where dominant federal interest
Types of conflict preemption
impossibility
obstacle
What is impossibility preemption
complying with federal law will naturally make following local laws impossible
what is obstacle preemption
obstacle to accomplishing objective of the federal law
Courts tend to disfavor field preemption arguments against state/local measures ___
related to alien employment (need express or conflict)
Not every state enactment relating to immigration is ___
per se preempted
Immigrant who fails to carry registration ___
is preempted on implied-field grounds
Criminalizing seeking work without authorization is __
preempted under implied - obstacle (Congress made deliberate choice not to impose)
Law saying police must demand papers and investigate if they suspect a person is undocumented is __
not preempted
Suspension of business license if hire unauthorized workers is __
not preempted (IRCA left space to states to impose sanctions through licensing)
Law saying employers in state must use E-Verify is __
not preempted (limits federal ability to mandate but doesn’t restrict states)
Law criminalizing obtaining employment based on fraud is __
not preempted (unrelated to work authorization, tax forms)
To naturalize, applicants bear burden to __
prove entered lawfully
Requirements for naturalization
- LPR status
- 5 years residence
- good moral character
- 18+
- English language proficiency
- Pass civics exam
- Swear allegiance
The US doesn’t prohibit dual citizenship but __
must take oath renouncing allegiance to any other country
Civic exam can get special consideration if __
65+
Only ___ is required to naturalize if became LPR through marriage to USC
3 years
Continous residence for naturalization is broken if __
1+ year absence unless employed abroad by American company
6-12 month absence breaks residence for naturalization unless ___
can show didn’t abandon US residence
Other pathways to citizenship
- military service (faster)
- children under 19 naturalize alongside parents
- selling citizenship?
what is expatriation
act with intent to relinquish citizenship
what is denaturalization
if citizenship procured by concealment of material fact or willful misrepresentation
If denaturalize, derivatives ___
also lose (unless due to terrorist grounds or dishonorable discharge and not living abroad)
