No End in Sight: Immigrants Locked Up for Years Without Hearings

Document Date: June 17, 2009

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The United States is not a country that arrests people and then detains them without a hearing for months or even years. Unfortunately, this is what is happening to thousands of immigrants held in detention centers that are often hundreds of miles away from counsel and family.

The Constitution guarantees every person a day in court — not just U.S. citizens — but immigrants who are awaiting a determination on their immigration status are often denied this basic due process protection.

Over the last several years, the use of detention as an immigration enforcement strategy has increased exponentially, and immigrants, including lawful permanent residents and asylum seekers, have been detained for prolonged periods of time without any finding that they are either a danger to society or a flight risk.

The government is spending millions of dollars locking up people whose detentions serve no purpose. In addition to being cruel and unnecessary, prolonged immigration detention makes it nearly impossible for individuals to fight their cases — including those with legitimate claims for legal status in the U.S.

Third Circuit

Gayle v. Napolitano

Ninth Circuit

Rodriguez v. Hayes »

Detainee Statements and Profiles

Issue Brief: Prolonged Immigration Detention of Individuals Who Are Challenging Removal »

Testimony of Ahilan Arulanantham: Hearing on “Providing for the Detention of Dangerous Aliens” submitted to the Subcommittee on Immigration Policy and Enforcement House Judiciary Committee on May 24, 2011 »

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