Who is Subject to Mandatory Detention


The INA mandates detention, without release, for virtually all persons who have committed crimes and persons removable on terrorist grounds. INA §236(c), only exempts persons who are a part of the Witness Protection Program or whose release will protect other witnesses.

INA §236(c) provides that the Attorney General shall detain and may not release the following categories of persons who are subject to removal: (a) persons who are inadmissible by reason of having committed any offense covered under INA §212(a)(2), (b) persons who are deportable by reason of having committed 2 or more ?Crimes Involving Moral Turpitude?, an aggravated felony as defined under § 101(a)(43), a drug offense, a firearm offense, or a miscellaneous crime as defined in INA §237(a)(2)(D), such as espionage, sabotage, or treason for which a term of imprisonment of 5 years or more may be imposed, threatening the President in violation of 18 U.S.C. §871, violating the Neutrality Act under 18 U.S.C. §960, violating the Selective Service Act or Trading with the Enemies Act, committing travel control crimes under 8 U.S.C. §1185, or importing a person for an immoral purpose under 8 U.S.C. §1328, (c) persons who have committed a CIMT for which the sentence of imprisonment is at least one year; or (d) persons involved in terrorist activity. ICE takes there individuals into custody ?when the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.?