Search for: "Individual Detention Detainers"
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23 May 2013, 6:46 am
The HELP Act provides that within two hours of detainment, the detaining authority will inquire as to whether the individual is a parent or primary caregiver for a child in the U.S. and allow them a minimum of two phone calls to arrange for care of the child and provide the individual with the contact information for child welfare agencies and family courts in the jurisdiction where the child resides. [read post]
22 May 2013, 6:00 am
This was not a question that generated attention prior to the mid-20th century, but it is a pressing question today, thanks to the Non-Detention Act of 1971 (18 USC § 4001(a)), which provides that citizens may not be detained other than pursuant to statute. [read post]
21 May 2013, 10:41 am
As for short-term items: Restart periodic, individualized review of the need for continued detention in particular cases at Guantanamo (a process that used to occur on a regular basis, and which is way overdue for revival), while also making the case that it is not in America’s national security interest to continue to hold detainees in those situations where other available options can reasonably mitigate their threat. [read post]
16 May 2013, 11:08 am
Many individuals subject to this provision would have already spent months, and in some cases years, in immigration detention prior to a final removal order. [read post]
7 May 2013, 9:01 pm
A Bush-era statute both forbids detainees from bringing claims based on the Geneva Conventions, and strips the civilian courts of all jurisdiction to entertain any challenge to “any aspect of the . . . treatment . . . or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination. [read post]
1 May 2013, 8:55 am
Current detention policies are penal in nature, and erode an individual’s ability to obtain private counsel, especially where an individual may be detained for months if not years while challenging removal. [read post]
28 Apr 2013, 1:32 pm
The Geneva Conventions applies here because it includes individuals who are not associated with a signatory or non-signatory (i.e. states) that may still be involved in a conflict. [read post]
25 Apr 2013, 8:48 am
And the U.S. continues to run a system of detention and deportation that fails adequately to protect the rights of vulnerable individuals like Lyttle. [read post]
24 Apr 2013, 8:22 am
About 34,000 individuals are put in immigration detention daily, and according to government estimates, 1,000 of those individuals have mental disabilities. [read post]
22 Apr 2013, 2:40 pm
Thousands more immigrants are in civil detention. [read post]
16 Apr 2013, 1:51 pm
In many cases, the basic due process of a bond hearing would have prevented months or years of such arbitrary detention and saved countless taxpayer dollars. [read post]
16 Apr 2013, 10:15 am
Recognized experts in law, medicine and ethical behavior were added to the group to help ensure a serious and fair examination of how detention policies came to be made and implemented. [read post]
12 Apr 2013, 8:12 am
The defendant was apprehended in 2004 and detained at a CIA black site until his 2006 transfer to GTMO. [read post]
4 Apr 2013, 11:42 am
§ 2241(e)(2), applies to “any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant. [read post]
3 Apr 2013, 9:13 am
Individuals who are detained are often people with strong ties to the community and mixed-status families, making them less likely to uproot their lives. [read post]
28 Mar 2013, 11:58 am
In order to continue the detention of the British Marmite, Sanitarium did issue proceedings against the importer. [read post]
28 Mar 2013, 9:18 am
At the heart of Judge Silliman’s opinion is the proviso in the MCA that no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States . . . . [read post]
20 Mar 2013, 8:37 am
Under DHS policies, thousands of individuals face years of imprisonment while their immigration cases are pending, and most of them never even receive a bond hearing to ask a judge to determine whether their detention is necessary. [read post]
18 Mar 2013, 4:16 pm
” But in his response this morning, Jack expressly disavows this reading—claiming that CGWW “did not wade in to the thorny issue of whether new detentions are necessary, or when detention as opposed to targeting is preferred, or the possible relationship between the unavailability of detention and enhanced rates of targeting, and how that tradeoff should be managed. [read post]
17 Mar 2013, 7:31 pm
Despite these successes of our Article III courts, it seems that a key—and possibly principal—objective of the CGWW proposal is to provide authority to this and future presidents to detain terrorism suspects without charge. [read post]
