What is a “mandatory detention”?
Mandatory detention is a term used in immigration law to describe the immediate and automatic detention of certain non-citizens who are seeking asylum, as well as those who have either already been denied asylum or are awaiting the decision of their asylum application. According to U.S. law, non-citizens who enter or remain in the United States without the proper documentation can be detained in an immigration detention facility and placed in removal proceedings. Mandatory detention policies dictate that certain categories of non-citizens can be subject to mandatory detention, meaning they must be detained without the opportunity for release on bond or parole. Under California immigration laws, people may be subject to mandatory detention while they are in the process of seeking asylum in the United States. These individuals may be detained for prolonged periods of time without a chance for release and their cases may be subject to a lengthy review process. Due to the length and complexity of the process, the vast majority of detained individuals are denied asylum and ultimately face deportation. Though mandatory detention policies have been in place since the early 1990s, they have recently been challenged by activists who claim that the policies violate the rights of detained non-citizens. The practice of mandatory detention has been heavily criticized for its impacts on immigrants, particularly children, and a growing movement to end the practice is gaining traction.
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