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1 1 (April 12, 2019)

handle is hein.crs/govzhr0001 and id is 1 raw text is: Nielson v. Preap: High Court Clarifies Application of Immigration Detention Statute to Criminal Aliens April 12, 2019 Recently, the Supreme Court in Nielsen v. Preap interpreted provisions of the Immigration and Nationality Act (INA) as mandating the detention pending removal proceedings of non-U.S. nationals (aliens) who have committed certain specified crimes, even if those aliens are not detained by immigration authorities immediately upon release from criminal incarceration. The Court reversed a decision by the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit), which had construed the INA provisions as affording such aliens the opportunity to seek release on bond if they were not promptly detained by immigration authorities after release from criminal custody. The Supreme Court determined that the INA's plain text and structure demonstrated that Congress intended that aliens who have committed certain crimes not be released on bond, no matter how much time has passed between their release from criminal custody and subsequent immigration arrest. The Court's reading of the mandatory detention statute reinforces the government's broad authority to detain aliens pending their removal proceedings. Legal Background Under INA 236(a), the Department of Homeland Security's Immigration and Customs Enforcement (ICE) generally may arrest and detain an alien found in the United States pending his removal proceedings. Detention under this statute is discretionary, and an alien may be released on bond or conditional parole pending the removal proceedings. In addition, if the alien remains detained, he may seek review of ICE's custody determination at a bond hearing before an immigration judge. Special rules, however, apply for a subset of aliens involved in criminal or terrorist activity. INA § 236(c) generally requires the detention of aliens subject to removal due to specified criminal or terrorist-related grounds. Specifically, INA § 236(c)(1) provides that ICE shall take into custody any alien who falls within one of the enumerated grounds when the alien is released from criminal custody (emphasis added). And under INA § 236(c)(2), ICE may release an alien described in paragraph (1) only if' the alien's release is warranted for witness protection purposes. Thus, an alien detained under INA § 236(c) generally may not be released on bond or conditional parole, or request a custody redetermination at a Congressional Research Service https://crsreports.congress.gov LSB10282 CRS Legal Sidebar Prepared for Members and Committees of Congress

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