Second Circuit Breaks with Others on 'Mandatory Detention' of Illegal Entrants
· WOWERI
The Second Circuit Court of Appeals has made a ruling that may impact detention policy for illegal entrants. This decision may be reviewed by the Supreme Court.
Introduction
The Second Circuit Court of Appeals has made a ruling that may impact detention policy for illegal entrants. This decision may be reviewed by the Supreme Court.
Background
According to section 235(b)(2) of the INA, US authorities have the right to detain illegal entrants encountered in the interior of the country. However, the Fifth and Eighth Circuits have previously ruled that this policy is not consistent with the law.
Second Circuit Ruling
The Second Circuit has broken with these rulings, deciding that the detention policy is lawful. This decision has created a split in the US judicial system, which may be reviewed by the Supreme Court.
Implications
If the Supreme Court reviews this case, it may make a ruling that affects detention policy for illegal entrants nationwide. This could have serious implications for thousands of people who are currently detained or may be detained in the future.
What to do next
- H-1B Work Visa — Order
- Application for Employment Authorization — Order
- Appeal to Board of Immigration Appeals — Order
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Source: cis.org