U.S. Citizen Sues After Erroneously Being Held as an Undocumented Immigrant

Technically speaking, under Federal Law they can hold you for 12 months without ever charging you with a crime. All they have to do is “Officially” declare you a “material witness” without having to prove it. I’ve seen it myself many times in Miami. As well as ship people to the Krome Immigration Prison and then the burden is on you to prove you are a citizen since INS now ICE has its own code and the Federal Court System has no jurisdiction in Immigration cases.
After being picked by ICE officials, either at the Border, through Secure Communities, or by local officials by way of Section 287(g), an individual can be released on bond if they are not deemed a “threat” to national security. However, many are put in mandatory detention and are disallowed any custody review of their eventual deportation hearings. The enactment of AEDPA and IIRAIRA subjected a wider range of individuals to mandatory detention, including, “non-violent misdemeanor convictions without any jail sentence, and anyone considered a national security or terrorist risk.” In addition, if an individual is already in the U.S., they will be put in mandatory detention if suspected of being a threat to national security or charged with two crimes of “moral turpitude,” an “aggravated felony,” a firearms offense, or a controlled substance violation.[16] Thus, crimes that did not assign jail time to the individual may subject them to mandatory detention. The ACLU has condemned this practice, saying that it violates due process and is inefficient and costly, since individuals who do not pose a threat to national security but have a criminal record are often the ones subjected to mandatory detention.
http://en.wikipedia.org/wiki/Immigration_detention_in_the_United_States

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