No. of Recommendations: 5
After we get the money the procedure is changed to apply a code section for arrivals to those found within the borders that allows indefinite detention? Before that were we allowing a bond hearing and they could get out? Now that we have the money we have indefinite detention centers? Why are we violating the law AFTER we got money appropriated, but not before? Or were we violating a different law before?
There's no mention of a rational given for the change in sections, so I assume none was given? You would think they'd use boilerplate and choose some issue to accuse them of that fits the section. Did they just arbitrarily refile on everyone being held to change the Code section, or was it only new detainees?
All good questions. ICE would certainly claim that they're not violating the law - that's something that will need to be hashed out in court. I don't think they'll hide that they've changed their interpretation of the code provisions. That's something that happens with new Administrations. Different department heads will have different ideas of what the current law requires, and they'll pursue different policies based on those interpretations.
