Zadvydas v. Davis
Encyclopedia
Zadvydas v. Davis, 533 U.S. 678 (2001), was a case decided by the Supreme Court of the United States
that held that indefinite detention of unremovable admitted immigrants (immigrants who have been ordered deported but have no where to go) under the plenary power
doctrine was subject to Constitutional limitations. To justify detention of immigrants for a period longer than six months, the government was required to show removal in the foreseeable future or special circumstances (like terrorism charges).
(R-Texas) has introduced the "Keep Our Communities Safe Act" (H.R. 1932), legislation aimed at allowing indefinite detention of unremovable admitted immigrants and asylum applicants (immigrants awaiting approval of asylum applications). Three experts lent support to the legislation during a hearing on the Act: Gary Mead, Executive Associate Director for ICE’s Enforcement and Removal Operations; Thomas H. Dupree, Jr., partner at Gibson, Dunn & Crutcher
LLP (and former Principal Deputy Assistant Attorney General under President Bush); and Ft. Myers Chief of Police Douglas Baker, a colleague of Officer Widman who was murdered by a criminal alien released as a result of Zadvydas. Conversely, the American Immigration Lawyers Association
(AILA) have denounced the legislation, stating that: "The bill, H.R. 1932, would strip important due process protections of harmless individuals by needlessly increasing the government's already broad authority to detain noncitizens." ALIA President David Leopold explains: "The deprivation of liberty is a powerful tool that must be exercised carefully. DHS has exceptional latitude to detain noncitizens who are a flight risk or pose a danger to our communities. Those powers do not need further expansion." In 2010, the Department of Homeland Security detained nearly 400,000 immigrants at a cost of $2 billion. If H.R.1932 passes, this cost could increase exponentially.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
that held that indefinite detention of unremovable admitted immigrants (immigrants who have been ordered deported but have no where to go) under the plenary power
Plenary power
A plenary power or plenary authority is the separate identification, definition, and complete vesting of a power or powers or authority in a governing body or individual, to choose to act on a particular subject matter or area...
doctrine was subject to Constitutional limitations. To justify detention of immigrants for a period longer than six months, the government was required to show removal in the foreseeable future or special circumstances (like terrorism charges).
Subsequent actions
"According to the U.S. Inspector General, nearly 134,000 immigrants with final orders of removal were released into the United States from 2001 to 2004, as a result of the ruling in Zadvydas. According to Immigration and Customs Enforcement, nearly 4,000 dangerous criminal immigrants have been released into the United States each year since 2008. An untold number of these aliens have gone on to commit additional, horrific crimes."Legislative remedies
In an effort to roll back Zadvydas, Rep. Lamar SmithLamar Smith
Lamar Smith may refer to:* Lamar S. Smith , U.S. Representative from Texas* Lamar Smith , U.S. civil rights activist; murdered in Mississippi* Lamar Smith , NFL running back, 1994–2004...
(R-Texas) has introduced the "Keep Our Communities Safe Act" (H.R. 1932), legislation aimed at allowing indefinite detention of unremovable admitted immigrants and asylum applicants (immigrants awaiting approval of asylum applications). Three experts lent support to the legislation during a hearing on the Act: Gary Mead, Executive Associate Director for ICE’s Enforcement and Removal Operations; Thomas H. Dupree, Jr., partner at Gibson, Dunn & Crutcher
Gibson, Dunn & Crutcher
Gibson, Dunn & Crutcher is a global law firm, founded in Los Angeles in 1890. The firm is one of the most prestigious and selective in the nation, and ranks among the most successful firms globally. Gibson Dunn has nearly 1,000 attorneys and over 2,000 staff located in 17 offices around the world,...
LLP (and former Principal Deputy Assistant Attorney General under President Bush); and Ft. Myers Chief of Police Douglas Baker, a colleague of Officer Widman who was murdered by a criminal alien released as a result of Zadvydas. Conversely, the American Immigration Lawyers Association
American Immigration Lawyers Association
- About AILA :The American Immigration Lawyers Association is the United States' immigration bar association. AILA is a non-profit organization that consists of lawyers and law professors that are dedicated to the practice and teaching of immigration law. Its member attorneys represent U.S....
(AILA) have denounced the legislation, stating that: "The bill, H.R. 1932, would strip important due process protections of harmless individuals by needlessly increasing the government's already broad authority to detain noncitizens." ALIA President David Leopold explains: "The deprivation of liberty is a powerful tool that must be exercised carefully. DHS has exceptional latitude to detain noncitizens who are a flight risk or pose a danger to our communities. Those powers do not need further expansion." In 2010, the Department of Homeland Security detained nearly 400,000 immigrants at a cost of $2 billion. If H.R.1932 passes, this cost could increase exponentially.