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The Role of Immigration Detention and Why It is Needed

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As President Donald Trump and Border Czar Tom Homan begin their promised deportations, the latest episode of Parsing Immigration Policy discusses immigration detention - a key element in immigration enforcement. Andrew Arthur, the Center’s Fellow in Law and Policy and a former immigration judge, details the purpose, history, and availability of immigration detention resources.

Key Points:

  • Civil, Not Criminal: Immigration detention is not a punishment but is instead a safeguard to ensure that aliens appear in court and for removal.
  • Historical Context: Detention provisions trace back to at least the Immigration Act of 1903, steadily expanding from inadmissible aliens being detained at the ports of entry to include those entering illegally as well as for criminal aliens.
  • Growing Need: With over 1.4 million individuals awaiting removal and a 34% no-show rate in immigration court, expanding detention capacity will become crucial to President Trump’s immigration-enforcement efforts.
  • Detention Options: ICE facilities, private contractors, and state prisons and county jails can all house detainees. The episode examines Biden-era restrictions aimed at restricting detention space.
  • Alternative Space: From utilizing military bases to reinstituting “Remain in Mexico” policies, the new administration should not have a problem finding adequate detention space.

Host

Mark Krikorian is the Executive Director of the Center for Immigration Studies.

Guest

Andrew Arthur is a Fellow in Law and Policy at the Center for Immigration Studies.

Related

GAO: One-Third of Immigration Court Aliens are No-Shows

U.S. Senate Testimony: Remain in Mexico

Intro Montage

Voices in the opening montage:

  • Sen. Barack Obama at a 2005 press conference.
  • Sen. John McCain in a 2010 election ad.
  • President Lyndon Johnson, upon signing the 1965 Immigration Act.
  • Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
  • Laraine Newman as a "Conehead" on SNL in 1977.
  • Hillary Clinton in a 2003 radio interview.
  • Cesar Chavez in a 1974 interview.
  • House Speaker Nancy Pelosi speaking to reporters in 2019.
  • Prof. George Borjas in a 2016 C-SPAN appearance.
  • Sen. Jeff Sessions in 2008 comments on the Senate floor.
  • Charlton Heston in "Planet of the Apes".
Host:
Mark Krikorian