Detention

New Trump Executive Order Codifying Family Internment Camps

Donald Trump signed an executive order this morning after weeks of a public relations nightmare following the family separation policy that his Administration put into place recently. Far from a fix, the new executive order actually codifies family internment camps.  How did we get here? In May 2018, Jeff Sessions announced a zero-tolerance policy, whereby everyone entering the United States unlawfully, including persons with bona-fide asylum claims who were...

Supreme Court to Decide Whether “When Released” Means Immediately Released from Criminal Custody

In Nielsen v. Preap, the U.S. Supreme Court granted the government’s petition for a writ of certiorari, Kelly v. Preap, in which the question presented is, “Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately.” The statute in question provides that the Attorney...