Washington, D.C. (January 23, 2025) – As President Donald Trump and Border Czar Tom Homan begin their promised deportations, the latest episode of Parsing Immigration Policy discusses immigration detention - a key element in immigration enforcement. Andrew Arthur, the Center’s Fellow in Law and Policy and a former immigration judge, details the purpose, history, and availability of immigration detention resources.
Key Points:
- Civil, Not Criminal: Immigration detention is not a punishment but is instead a safeguard to ensure that aliens appear in court and for removal.
- Historical Context: Detention provisions trace back to at least the Immigration Act of 1903, steadily expanding from inadmissible aliens being detained at the ports of entry to include those entering illegally as well as for criminal aliens.
- Growing Need: With over 1.4 million individuals awaiting removal and a 34% no-show rate in immigration court, expanding detention capacity will become crucial to President Trump’s immigration-enforcement efforts.
- Detention Options: ICE facilities, private contractors, and state prisons and county jails can all house detainees. The episode examines Biden-era restrictions aimed at restricting detention space.
- Alternative Space: From utilizing military bases to reinstituting “Remain in Mexico” policies, the new administration should not have a problem finding adequate detention space.
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