About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

24 San Diego L. Rev. 305 (1987)
Detention of Aliens

handle is hein.journals/sanlr24 and id is 311 raw text is: Detention of Aliens PAUL WICKHAM SCHMIDT* Detention of aliens has become a controversial issue in the debate over immigration policy. This Article examines general principles relating to detention of aliens in exclusion and deportation situa- tions. It also surveys the legal issues in noteworthy areas of the detention controversy. Finally, the Article explores how the Immi- gration and Naturalization Service can most effectively utilize de- tention in the future. INTRODUCTION The authority to arrest and detain aliens for civil law violations makes the Immigration and Naturalization Service (INS) unique among federal law enforcement agencies. While a number of federal agencies have the authority to impose various civil penalties upon individuals, such as fines, forfeitures, and loss of licenses, the INS stands alone in its authority to incarcerate individuals who neither have been charged with, nor have been convicted of, crimes. It is not surprising that the use of this authority by the INS has become the subject of controversy and a substantial amount of litigation. Never- theless, the authority of the government to detain aliens in connec- tion with the enforcement of the immigration laws is well estab- * Acting General Counsel, Immigration and Naturalization Service, United States Department of Justice. B.A. 1970, Lawrence University; J.D. 1973, University of Wisconsin Law School. Mr. Schmidt has been the Deputy General Counsel since 1978, and also has served as the Acting General Counsel of the INS during the period 1979- 1981. Prior to joining the INS in 1976, Mr. Schmidt served as an attorney adviser with the Board of Immigration Appeals. This Article is an expansion and elaboration upon remarks made by Mr. Schmidt before the Center for Migration Studies in Washington, D.C. on March 21, 1986. The views expressed in this Article are Mr. Schmidt's own and do not necessarily represent the official position of the INS, the Department of Justice, or any other government agency.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most