Detention of aliens who are in violation of immigration laws is authorized - and in some cases mandated -by various provisions of the Immigration and Nationality Act.
Rather, immigration detention is solely for the purpose of holding in confinement aliens charged with violating the immigration laws while their removal proceedings are pending and, if ordered removed, up to and including the act of repatriation to the country of 1) origin, 2) last habitual residence, or 3) from which the alien last departed prior to entering the United States.
Main Points Immigration detention is civil and for the purpose of ensuring appearance of aliens at removal proceedings, and for the actual removal itself.
Lack of detention space to hold aliens also contributes to the collapse of immigration and border controls, resulting in a system of "Catch-and-release" that encourages more aliens to attempt to enter illegally or to overstay their visas.
In each situation, with the exception of circumstances in which detention is mandated by the INA, detention decisions are to be made in each individual case based on whether the alien constitutes a risk of flight or a risk to public safety.
Of these visitors, aliens from 38 approved countries enter under the Visa Waiver Program pursuant to INA Section 217, 8 U.S.C. 1187, which waives the need to procure a visa from a U.S. consular officer abroad. Subsection 217(b) requires that prior to entry, the alien execute a waiver of rights that permits immigration officers at ports of entry to reject and return the alien to his place of embarkation if he is determined at inspection not to be a legitimate nonimmigrant visitor.
At the same time, the administration must do a better job of explaining why detention is necessary if we are to remain a nation of laws that exercises the sovereign right to decide who may enter our borders, rather than ceding the decision to the aliens themselves.
https://www.cis.org/Fact-Sheet/Why-Immigration-Detention-Necessary
Rather, immigration detention is solely for the purpose of holding in confinement aliens charged with violating the immigration laws while their removal proceedings are pending and, if ordered removed, up to and including the act of repatriation to the country of 1) origin, 2) last habitual residence, or 3) from which the alien last departed prior to entering the United States.
Main Points Immigration detention is civil and for the purpose of ensuring appearance of aliens at removal proceedings, and for the actual removal itself.
Lack of detention space to hold aliens also contributes to the collapse of immigration and border controls, resulting in a system of "Catch-and-release" that encourages more aliens to attempt to enter illegally or to overstay their visas.
In each situation, with the exception of circumstances in which detention is mandated by the INA, detention decisions are to be made in each individual case based on whether the alien constitutes a risk of flight or a risk to public safety.
Of these visitors, aliens from 38 approved countries enter under the Visa Waiver Program pursuant to INA Section 217, 8 U.S.C. 1187, which waives the need to procure a visa from a U.S. consular officer abroad. Subsection 217(b) requires that prior to entry, the alien execute a waiver of rights that permits immigration officers at ports of entry to reject and return the alien to his place of embarkation if he is determined at inspection not to be a legitimate nonimmigrant visitor.
At the same time, the administration must do a better job of explaining why detention is necessary if we are to remain a nation of laws that exercises the sovereign right to decide who may enter our borders, rather than ceding the decision to the aliens themselves.
https://www.cis.org/Fact-Sheet/Why-Immigration-Detention-Necessary
No comments:
Post a Comment