Tag Archives: Elizabeth Montano

Will the Constitution Protect Thousands of Immigrants Now Living in Limbo?

ELIZABETH MONTANO—Approximately 70% of immigrants (around 280,000 people) in pending immigration proceedings are detained pursuant to statutes that decree mandatory detention—that is, detention that is required without any opportunity for individualized assessment of whether the detention is appropriate or even necessary. 8 U.S.C. § 1225(b) provides for the mandatory detention of individuals, such as asylum […]