Understanding Mandatory Detention

The Immigration and Nationality Act (INA) provides for very specific scenarios under which a noncitizen must be detained by Immigration and Customs Enforcement (ICE), without the possibility of release on bond or otherwise. Recent legislation, agency interpretation, and policy changes have further expanded the scope of this “mandatory detention” authority, making it more important than ever that practitioners understand the scope of the statute’s mandatory detention provisions, as well as their limitations. In this webinar, we will discuss the specific INA provisions that provide for mandatory detention, including the recently-passed Laken Riley Act. We will also discuss the Board of Immigration Appeals’ (BIA) decision in Matter of Q. Li, as well as the current administration’s policy changes, both of which greatly expand the scope of mandatory detention. Finally, we will consider legal arguments and strategies for challenging ICE’s assertion of its mandatory detention authority in individual cases.