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Arrests, Notices to Appear in Immigration Court, and Immigration Detention

This lesson will discuss issues related to administrative arrests of noncitizens, notices to appear in immigration court for removal hearings, and administrative detention (and immigration bonds).


I. Arrests

DHS officials may arrest noncitizens on the ground that they’re removable. Arrests may be made even if there’s no intent to criminally prosecute for an immigration offense and, instead, only intent to put the noncitizens in removal proceedings. Although a statute and regulation only require that an immigration official possess “reason to believe” that a noncitizen is removable for such an administrative arrest to occur, many courts have interpreted the statute and regulation to...