News & Insights

Legal Basis for Detention:

• Under 8 U.S.C. § 1231(a)(6), individuals who are inadmissible or deportable due to criminal activity or national security concerns may be detained beyond the initial 90 days.
• Detention is primarily meant to facilitate removal and ensure the individual does not pose a flight risk or danger to the community.

Limits on Detention:

• The Supreme Court ruled that continued detention is lawful only if removal is “reasonably foreseeable.” If deportation is unlikely within six months, the individual must be considered for supervised release.
• The six-month rule is not absolute. If the government demonstrates a legitimate reason for extended detention, such as ongoing deportation negotiations with a foreign country, the period may be prolonged.

Supervised Release:

• If released, the individual must comply with conditions set by the Department of Homeland Security (DHS), such as regular reporting, travel restrictions, or participation in rehabilitation programs.
• Noncompliance can result in further detention or criminal penalties.

Exceptions for National Security or Public Safety:

• In cases involving terrorism or serious crimes, the DHS Secretary may certify extended detention if the release poses a threat to public safety or national security under 8 U.S.C. § 1226a.

Protections for Detainees:

• Individuals have the right to challenge prolonged detention through habeas corpus petitions in federal court.
• Courts will evaluate whether deportation remains a viable outcome and whether detention continues to serve its statutory purpose.