Sayed, Faiza W.
December 2011
Columbia Law Review;Dec2011, Vol. 111 Issue 8, p1833
Academic Journal
As a result of the national attention on the "War on Terror," legal literature has focused on examining executive detention of alleged "enemy combatants" at the United States naval base at Guantanamo Bay. In particular, academics and courts have and are currently actively debating the sufficiency of the process afforded to Guantanamo detainees to challenge their detention. Meanwhile, little attention has been given to a form of executive detention that our country has practiced since virtually the beginning of our nationhood and that affects many more individuals than detention at Guantanamo--the detention of immigrants pending removal proceedings. Although the Immigration and Nationality Act mandates the detention of certain immigrants with criminal histories, little has been written about the process these immigrants receive to challenge their detention. And, despite their similarities, the two forms of detention--executive detention of "enemy combatants" at Guantanamo and of immigrants pending removal proceedings--have not been compared. This Note fills that void by comparing the processes afforded to the two sets of detainees to challenge their detention. It then argues, based on the comparison, that immigrant detainees deserve more process to protect against erroneous detention and proposes ways to reform immigrant challenges to mandatory detention.


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