A/HRC/7/12/Add.2 page 18 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.

Select target paragraph3