Sunday, February 2, 2025
ICE aims to lower US immigration detention standards to encourage more sheriffs to aid crackdown
It is well-known that the Trump administration seeks to enlist the assistance of state and local governments. In that vein, Ted Hesson for Reuters reports that the Trump administration aims to lower its existing detention standards to encourage more U.S. sheriffs to provide jail space to detain immigrants, Trump's border czar Tom Homan said yesterday at an annual meeting of the National Sheriffs' Association in Washington, D.C. He said that the administration was working to allow U.S. sheriffs to detain migrants in their jails using their state-level standards instead of more rigorous U.S. Immigration and Customs Enforcement (ICE) guidelines and to reduce the number of federal inspections.
KJ
https://lawprofessors.typepad.com/immigration/2025/02/ice-aims-to-lower-us-immigration-detention-standards-to-encourage-more-sheriffs-to-aid-crackdown-2.html
Comments
These are the INA detention provisions, as I am sure every immigration professor already knows.
Statutory Framework
Four provisions of the INA primarily shape the immigration
detention framework:
1. INA § 236(a) generally authorizes the detention
of aliens pending a decision on whether the
alien is to be removed from the United States
and permits those who are not subject to
mandatory detention to be released on bond or
their own recognizance;
2. INA § 236(c) generally requires the detention of
aliens who are removable because of specified
criminal activity or terrorism-related grounds;
3. INA § 235(b) generally requires the detention
of applicants for admission who appear subject
to removal, including aliens arriving at a port of
entry and certain other aliens who have not been
admitted or paroled into the United States; and
4. INA § 241(a) generally requires an alien subject
to a final order of removal to be held during the
90-day period when the alien’s removal is
effectuated, and DHS may detain an alien
beyond this 90-day period if the agency is
unable to effectuate removal and the alien falls …
Posted by: Nolan Rappaport | Feb 2, 2025 4:34:39 PM
What standards? The provisions in the Immigration and Nationality determine who should be detained, not the ICE guidelines, and certainly not the guidelines put in place during the Biden administration. Has Homan violated any INA statutory detention provisions? If so, which ones?
Posted by: Nolan Rappaport | Feb 2, 2025 4:26:23 PM