March 20, 2015

Jenner & Block Partners Lindsay C. Harrison and Matthew E. Price recently submitted an amicus brief in a case that is being heard by the First Circuit sitting en banc.  The case concerns the ability of the government to detain immigrants who have old criminal convictions, but who have been living without incident in the community for many years since their release from criminal custody, without holding a bond hearing or considering whether they pose a danger to the community or a risk of flight.  On behalf of a group of former immigration judges and former Immigration and Customs Enforcement and Department of Homeland Security officials, the brief argues that the statute at issue does not allow the government to detain such persons absent a bond hearing.  “It has been Amici’s experience that applying mandatory detention to individuals who have lived in the community for a prolonged period since their release from criminal custody would limit, rather than enhance, the authority of immigration officials, and, moreover, could frustrate immigration enforcement,” the brief says.