Washington, D.C. (July 24, 2025) – The latest episode of Parsing Immigration Policy, the Center for Immigration Studies' podcast, delves into the role of immigration detention in U.S. enforcement efforts. Hosted by Mark Krikorian, the discussion features insights from Andrew Arthur, a former immigration judge and the Center’s Fellow in Law and Policy, who stresses that detention is required to ensure integrity of the immigration system.
Highlights:
- Purpose of Detention: Detention serves administrative functions, ensuring individuals appear for hearings and are available for removal if ordered.
- Failure to Appear: 34 percent of alien respondents in immigration court fail to appear at some point during the removal proceeding process. Respondents in detention must appear in court whether they want to or not, so the no-show rate is effectively zero, which skews the overall rate of what are termed “in absentia” cases.
- Legal Mandates under the Immigration and Nationality Act (INA): Detention of aliens subject to removal proceedings is mandatory under various provisions of the INA, including individuals apprehended entering illegally, criminal aliens post-incarceration, and those under final removal orders.
- Detention Capacity: The lack of detention space is causing a bottleneck in enforcement. The “Big Beautiful Bill” expands detention capacity. potentially increasing bed space by 80,000.
- Detention Standards: ICE follows the Performance-Based National Detention Standards – the gold standard of care and higher than conventional jail standards.
- State and Local Roles: States can assist by providing facilities, with federal reimbursement, to support detention efforts. Examples include Alligator Alcatraz in Florida and soft-sided facilities on military bases in New Jersey and Indiana.
In today's commentary, Mark Krikorian, podcast host and executive director of the Center, highlights The Dignity Act, introduced by Representative Maria Elvira Salazar (R-Fla.). The bill handcuffs immigration enforcement in many ways, amnesties millions, and increases legal immigration, reminding us that the open‑borders, pro‑amnesty advocates will never stop pushing their agenda.
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