What US INA Apprehension and Detention of Aliens (8 USC 1226): Discretionary Bond and Mandatory Detention requires
Section 236 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1226, governs the apprehension and detention of aliens pending a decision on whether they are to be removed from the United States, and is administered by the Department of Homeland Security (Immigration and Customs Enforcement) with custody determinations reviewable by immigration judges (except as limited by statute). Section 1226(a) provides that, on a warrant issued by the Attorney General (now the Secretary of Homeland Security), an alien may be arrested and detained pending a decision on whether the alien is to be removed; pending that decision, the official may continue to detain the alien, or may release the alien on bond of at least $1,500 with security approved by, and containing conditions prescribed by, the Attorney General, or on conditional parole, but may not provide the alien with work authorization unless the alien is lawfully admitted for permanent residence or otherwise would be eligible. Section 1226(c) requires mandatory detention of criminal aliens: the Attorney General shall take into custody any alien who is inadmissible by reason of having committed an offense covered in 8 U.S.C. 1182(a)(2), or is deportable by reason of having committed an offense covered in the specified criminal and terrorism-related grounds of 8 U.S.C. 1227(a), when the alien is released from criminal custody, and may release such an alien only in narrow witness-protection circumstances. Section 1226(e) limits judicial review: no court may set aside any action or decision by the Attorney General under this section regarding the detention or release of any alien or the grant, revocation or denial of bond or parole. The detention authority in section 1226 (during the pendency of removal proceedings) is distinct from detention after a final order of removal under 8 U.S.C. 1231.
Pillar: Immigration & Border Control · Authority: US Congress / Department of Homeland Security (Immigration and Customs Enforcement) and Executive Office for Immigration Review · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: 71e9a61047cc89cf8cbb8c7acbe3de19846c93d5214d6e036a6c4e893b6a9596
Primary Citations — 8 traced to source
- Immigration and Nationality Act 236, 8 U.S.C. 1226(a) - arrest and detention on a warrant pending a removal decision; release on bond or conditional parole.
- Immigration and Nationality Act 236, 8 U.S.C. 1226(a)(2)(A) - bond of at least $1,500 with approved security and conditions.
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