1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Is Mandatory Detention of Unlawful Entrants Seeking Asylum Constitutional? Updated January 27, 2021 Non-U.S. nationals (aliens) apprehended by immigration authorities when attempting to unlawfully enter t
2、he United States are generally subject to a streamlined, expedited removal process, but may be placed in “formal” removal proceedings and pursue asylum claims if found to have a credible fear of persecution. In 2019, Attorney General (AG) William Barr, who had power to review adjudicatory decisions
3、of the Board of Immigration Appeals (BIA), the highest administrative body responsible for interpreting immigration laws, concluded in Matter of M-S- that federal law requires the continued detention of aliens screened for expedited removal who are transferred to formal removal proceedings pending a
4、djudication of their asylum claims. (Additional discussion of the AGs decision can be found here.) Later that year, a federal district court held in Padilla v. ICE that this mandatory detention scheme “violates the U.S. Constitution” because it denies aliens who have entered the United States the op
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