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The Immigration and Nationality Act (INA) authorizesaand in some
cases requiresathe Department of Homeland Security (DHS) to detain
non-U.S. nationals (aliens) arrested for immigration violations
that render them removable from the United States. An alien may be
subject to detention pending an administrative determination as to
whether the alien should be removed, and, if subject to a final
order of removal, pending efforts to secure the alien's removal
from the United States. The immigration detention scheme is
multifaceted, with different rules that turn on several factors,
such as whether the alien is seeking admission into the United
States or has been lawfully admitted into the country; whether the
alien has engaged in certain proscribed conduct; and whether the
alien has been issued a final order of removal. In many instances
DHS maintains discretion to release an alien from custody. But in
some instances, such as when an alien has committed specified
crimes, the governing statutes have been understood to allow
release from detention only in limited circumstances. This book
focuses on current topics concerning immigration detention and
enforcement.
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