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schools and hospitals, can be burdensome for anyone, but often practically impossible for
detainees. Access to mail and property is often limited and can also create significant obstacles
for detainees.
71. Faced with the prospect of mandatory and prolonged detention, detainees often abandon
claims to legal relief from removal, contrary to international standards that require non-citizens
to be able to submit reasons against their deportation to the competent authorities. Mandatory
detention operates as a coercive mechanism, pressuring those detained to abandon meritorious
claims for relief in order to avoid continued or prolonged detention and the onerous conditions
and consequences it imposes.
72. United States immigration law allows for detention of migrants that is often neither brief
nor determinate, and adjudication of defences against removal can be complicated and lengthy.
An appeal to the Board of Immigration Appeals by either party extends the period of mandatory
detention for many additional months. A petition for review to the Court of Appeals also extends
mandatory detention, often for a period of years. A non-citizen is subject to mandatory detention
even after being granted relief by the immigration judge, simply upon the filing of a notice of
intent to appeal by Government counsel. In fact, it is often the most meritorious cases that take
the longest to adjudicate, and in which migrants spend the longest amount of time in detention.
Often the cases subject to continuing appeals are cases where individuals may have the strongest
ties to the United States and risk the severest consequences if removed.
73. Mandatory detention also extends to United States citizens who have not yet officially
proven their citizenship status or whose status is pending approval. That is because, for those
who are not born in the United States, proving citizenship can be a legally and factually intensive
process, requiring documentation of their own and their family’s history over many years.
United States citizenship may be acquired or may exist in derivative form and therefore legally
complex determinations must be made in order for citizenship to be established. Mandatory
detention policies often prevent a citizen’s ability to gather proof of citizenship at all, or in an
expedited manner. Even in cases where individuals were born in the United States, verification
of citizenship can be burdensome and take months or more, and individuals may remain detained
in the process.
74. In addition to the devastating effect that mandatory detention has on detained individuals,
the policy has an overwhelmingly negative impact on the families of detainees, many of whom
are citizens of the United States.
75. Those who will eventually be removed are prevented from resolving their affairs and
making preparations with their families for departure, to the detriment of the wider community.
76. Mandatory detention and mandatory deportation prevent migrants from fulfilling
responsibilities they have to family members, to employers, and to the wider communities that
may rely on them for various reasons. Children can suffer trauma and severe loss from the
sudden, prolonged, and sometimes permanent absence of that parent. The absence of a family
member can result in irreparable economic and other injury to an entire family structure.
Additionally, health conditions and medical situations specific to certain families are not
considered when individuals are subjected to mandatory detention.