Foreign nationals are arrested by U.S. Immigration and Customs Enforcement (ICE). Photo: Charles Reed/AP 2nd Circuit Upholds Burden for Government in ICE Detention Case
The Second Circuit said an immigrant's experience of "unduly prolonged" incarceration "demonstrated the value" of shifting the burden of proof to the government in order to protect detainees' due-process rights.
October 27, 2020 at 06:12 PM
5 minute read
The U.S. Court of Appeals for the Second Circuit affirmed Tuesday that the federal government must justify the incarceration of certain immigrants subject to deportation proceedings by showing that they are either a flight risk or a danger to the community.
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