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Immigration Law > Detention > Flashcards

Detention Flashcards

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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
Q

If ordered removed and still detained subject to ___

A

constitutional limits + periodic review for possible release

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26
Q

Release if ordered removed doesn’t mean __

A

no longer subject to removal

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27
Q

Under Zadvydas, ___ would raise significant constitutional concerns

A

allowing indefinite detention

28
Q

Zadvydas distinguishes itself from Mezei because ___

A

due process applies if in country (mezei was seeking entry and at ellis island)

29
Q

If six month period after removal lapses, the alien must be __

A

released if no significant likelihood of removal in foreseeable future

30
Q

After Zadvydas, after 90 days past removal date there should ___

A

be release hearing

31
Q

What is post-removal detention

A

ordered removed, removed, reenters, subject to reinstatement but seeking withholding of removal

32
Q

If placed in removal proceedings generally discretionary detention not mandatory unless

A
  • inadmissible under 212(a)(2) (crimes)
  • Deportable under 237(a)(2)
  • CIMT within 5 years admission and 1+ years sentence
33
Q

If get released from detention you don’t get ___

A

work authorization unless otherwise eligible (LPR)

34
Q

Federal judge can not set aside decision of AG regarding __

A
  • detention vs. release
  • grant/revocation/denial of bond or parole
35
Q

Plaintiff can bring ____ to detention

A

constitutional challenge

36
Q

What is Flores settlement

A

limits period that alien minor can be detained by DHS

37
Q

Issue in US v Texas

A

Does TX have standing to sue fed govt over imm policy

38
Q

Texas holding

A

Has standing because state suffered injury by being forced to provide public education and emergency Medicare services

39
Q

Texas _____ idea of standing because ___

A

enlarges, most federal laws affect states

40
Q

State ability to legislate on immigration is limited by __

A

federal preemption (Constitution Supremacy Clause)

41
Q

What is express preemption

A

explicit language preempting state laws

42
Q

What is implied preemption

A

structure and purpose implicitly reflect preemptive intent

43
Q

Types of implied preemption

A

field
conflict

44
Q

types of field preemption

A

pervasive scheme of federal regulation implicitly precludes supplementary state leg
OR states attempt to regulate field where dominant federal interest

45
Q

Types of conflict preemption

A

impossibility
obstacle

46
Q

What is impossibility preemption

A

complying with federal law will naturally make following local laws impossible

47
Q

what is obstacle preemption

A

obstacle to accomplishing objective of the federal law

48
Q

Courts tend to disfavor field preemption arguments against state/local measures ___

A

related to alien employment (need express or conflict)

49
Q

Not every state enactment relating to immigration is ___

A

per se preempted

50
Q

Immigrant who fails to carry registration ___

A

is preempted on implied-field grounds

51
Q

Criminalizing seeking work without authorization is __

A

preempted under implied - obstacle (Congress made deliberate choice not to impose)

52
Q

Law saying police must demand papers and investigate if they suspect a person is undocumented is __

A

not preempted

53
Q

Suspension of business license if hire unauthorized workers is __

A

not preempted (IRCA left space to states to impose sanctions through licensing)

54
Q

Law saying employers in state must use E-Verify is __

A

not preempted (limits federal ability to mandate but doesn’t restrict states)

55
Q

Law criminalizing obtaining employment based on fraud is __

A

not preempted (unrelated to work authorization, tax forms)

56
Q

To naturalize, applicants bear burden to __

A

prove entered lawfully

57
Q

Requirements for naturalization

A
  • LPR status
  • 5 years residence
  • good moral character
  • 18+
  • English language proficiency
  • Pass civics exam
  • Swear allegiance
58
Q

The US doesn’t prohibit dual citizenship but __

A

must take oath renouncing allegiance to any other country

59
Q

Civic exam can get special consideration if __

A

65+

60
Q

Only ___ is required to naturalize if became LPR through marriage to USC

A

3 years

61
Q

Continous residence for naturalization is broken if __

A

1+ year absence unless employed abroad by American company

62
Q

6-12 month absence breaks residence for naturalization unless ___

A

can show didn’t abandon US residence

63
Q

Other pathways to citizenship

A
  • military service (faster)
  • children under 19 naturalize alongside parents
  • selling citizenship?
64
Q

what is expatriation

A

act with intent to relinquish citizenship

65
Q

what is denaturalization

A

if citizenship procured by concealment of material fact or willful misrepresentation

66
Q

If denaturalize, derivatives ___

A

also lose (unless due to terrorist grounds or dishonorable discharge and not living abroad)

Immigration Law (14 decks)

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