Detention & Bond: Defending Noncitizens in Immigration Custody will guide advocates through practical and technical considerations when representing detained noncitizen clients. This comprehensive guide provides a top to bottom overview of strategies when advocating for release throughout the various stages of the immigration custody process. This manual includes a discussion of how adults and youth end up in immigration detention, including the rights and recourse detained individuals have notwithstanding their confinement. This resource also provides detailed information on best practices, procedures, and strategies for securing the release of clients in custody determinations before Immigration and Customs Enforcement (ICE), and custody redetermination hearings (bond hearings) before the immigration judge, as well as appellate strategy thereafter.
The inaugural edition of Detention & Bond: Defending Noncitizens in Immigration Custody includes:
- An introduction to the history and contemporary background of immigration detention;
- A review of the manner in which adults enter the immigration detention system, including relevant Know Your Rights advice for clients;
- Special considerations when advocating for immigrant youth in the custody of the Department of Health & Human Services’ Office of Refugee Resettlement (ORR) as unaccompanied minors, or in the custody of Department of Homeland Security;
- Practical and technical considerations when working with detained clients, including information-gathering strategies and working with clients with mental disorders or conditions;
- Prosecutorial discretion and other custody advocacy before Immigration and Customs Enforcement (ICE), such as parole requests and post-order custody reviews;
- Guidance in assessing and challenging bond eligibility in light of mandatory detention;
- Legal standards and case strategy when building and proving up a custody redetermination case before the immigration judge;
- A look at the process to appeal an immigration judge’s bond decision to the BIA; and
- Samples and exemplars to help practitioners with the nuts and bolts of advocating for release.