Are aliens in immigration detention covered by the consular notification requirement?
A. Yes, as a general matter. Consular notification is provided for in the Immigration and Naturalization Service’s regulations (8 C.F.R. 236.1(e)). The Department of State does not, however, ordinarily consider aliens who are found inadmissible at a port of entry and required to remain there until they can depart to be detained within the meaning of the VCCR. Immigration officials may permit such aliens access to consular officials as a matter of discretion, however–e.g., in situations where the detention becomes prolonged because onward transportation is significantly delayed. Q.
