If You’re Living Under an ICE Order of Supervision, This Information Is for You Many people released from ICE detention under an Order of Supervision (OSUP) must attend regular check-ins with Immigration and Customs Enforcement (ICE). These meetings are meant to be routine, a way for ICE to confirm your information and make sure you are […]
Know Your Rights: Going to an ICE Check-In in California Read More »
Part One Abstract This Article examines the recent phenomenon of re-detaining noncitizens who have been granted protection under the Convention Against Torture (CAT) and released pursuant to Orders of Supervision. These individuals, many of whom have lived law-abiding lives for years, are being re-detained based on minor or dated criminal convictions. At the same time,
Part Two Government Practice and Third-Country Removal Attempts A. The Shift in Enforcement Priorities and the Revival of Re-Detention The statutory and constitutional safeguards articulated in Zadvydas and Clark have, for two decades, established clear limits on post-removal detention. Yet in recent years, the Department of Homeland Security has quietly revived the practice of re-detaining
Part Three Constitutional and Policy Critique A. Due Process and the Limits of Executive Power The Fifth Amendment’s Due Process Clause applies to all persons within the territory of the United States, irrespective of citizenship or immigration status.¹ This principle—traced from Yick Wo v. Hopkins through Zadvydas v. Davis reflects a foundational axiom of constitutional
A Victory for Fairness and Due Process A federal judge in Maryland has ordered the release of Vincent Douglas, a longtime U.S. resident who was being detained by Immigration and Customs Enforcement (ICE) even though there was no realistic chance he could be deported. The case Douglas v. Baker, decided on October 24, 2025, is
Federal Court Orders Release of Longtime Resident Held by ICE Without Hope of Removal Read More »
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