May the INS Indefinitely Detain Criminal Aliens Awaiting Deportation?
(Consolidated cases) Janet Reno, et al. v. Kim Ho Ma Docket No. 00-38 From: The Ninth Circuit And Zadvydas v. Underdown and Immigration and Naturalization Service Docket No. 99-7791 From: The Fifth Circuit From: The South Carolina Supreme Court Case at a Glance Many “deportable” aliens cannot be deported, either because of the absence of repatriation agreements or for other reasons. Our immigration laws provide for the detention of aliens awaiting deportation for a statutory 90-day removal period, but set no limits on detention beyond that. The attorney general may detain them further if she determines that they represent either a flight risk or a risk to the community. In this consolidated case, two aliens, detained for substantial periods, challenge the attorney general s statutory and constitutional authority to detain aliens indefinitely. • Previewed by Michael G. Heyman, a professor of law at the John Marshall Law School in Chicago, Ill.
(Consolidated cases) Janet Reno, et al. v. Kim Ho Ma Docket No. 00-38 From: The Ninth Circuit And Zadvydas v. Underdown and Immigration and Naturalization Service Docket No. 99-7791 From: The Fifth Circuit From: The South Carolina Supreme Court Case at a Glance Many “deportable” aliens cannot be deported, either because of the absence of repatriation agreements or for other reasons. Our immigration laws provide for the detention of aliens awaiting deportation for a statutory 90-day removal period, but set no limits on detention beyond that. The attorney general may detain them further if she determines that they represent either a flight risk or a risk to the community. In this consolidated case, two aliens, detained for substantial periods, challenge the attorney general’s statutory and constitutional authority to detain aliens indefinitely. • Previewed by Michael G. Heyman, a professor of law at the John Marshall Law School in Chicago, Ill.
