Mandatory detention refers to the legal requirement under Section 1226(c) of the Immigration and Nationality Act that certain noncitizens, particularly those with specified criminal convictions, be held in custody without the possibility of release on bond while their removal proceedings are pending. The provision removes the discretion immigration judges typically have to consider release.
It's a rule that says some immigrants with certain criminal records must stay locked up — no bond, no release — until their deportation case is finished.
Supporters argue mandatory detention ensures that noncitizens with criminal records do not abscond or commit new offenses before their cases are resolved. They view it as a tool Congress chose to enforce immigration law consistently.
Critics note that removal cases can stretch from months to over a year, meaning some detainees remain confined for long periods without an individualized hearing on whether detention is necessary in their case.
The statute lists categories of offenses — including certain drug crimes, aggravated felonies and crimes involving moral turpitude — that trigger mandatory detention once a noncitizen is taken into immigration custody.
Unlike other detainees, those held under Section 1226(c) generally cannot ask an immigration judge for release on bond. Courts are now weighing whether prolonged detention under this rule requires constitutional safeguards.
A look at the rules, oversight gaps, and policy debate behind health care for people in U.S. immigration custody.
Read the guide →Lawmakers are weighing whether to write binding medical-care rules for immigration detention into federal law, replacing agency-administered guidelines.
Read the brief →