A/HRC/7/12/Add.2 page 24 exacerbate what was put in motion then. Also, contrary to popular belief, these policies do not target only undocumented migrants - they apply to citizens born in the United States of undocumented parents and long-term lawful permanent residents (or green card holders) as well. 105. Not only have immigration laws become more punitive - increasing the types of crimes that can permanently sever a migrant’s ties to the United States - but there are fewer ways for migrants to appeal for leniency. Hearings that used to happen in which a judge would consider a migrant’s ties to the United States, particularly their family relationships, were stopped in 1996. There are no exceptions available, no matter how long an individual has lived in the United States and no matter how much his spouse and children depend on him for their livelihood and emotional support. 106. Throughout the history of the United States, many different kinds of non-citizens have been made subject to mandatory detention. People with lawful permanent resident status (or green card holders), including those who have lived lawfully in the United States for decades, are subject to deportation. So are other legal immigrants - refugees, students, business people, and those who have permission to remain because their country of nationality is in the midst of war or a humanitarian disaster. Undocumented non-citizens are also subject to mandatory detention and deportation regardless of whether they have committed a crime. 107. A primary principle of United States immigration law is that United States citizens can never be denied entry into the country; neither can they ever be forcibly deported from the United States. By contrast, non-citizens, even those who have lived in the country legally for decades, are always vulnerable to mandatory detention and deportation. 108. In the wake of Hurricane Katrina, migrant workers from across the United States travelled to New Orleans. Ultimately, the voices of workers in post-Katrina New Orleans demonstrate that the actions and inactions of federal, state, and local governments and the actions of the private reconstruction industry have created deplorable working and living conditions for people striving to rebuild and return to the city. Because these workers are migrant, undocumented, and displaced they have little chance to hold officials and private industry accountable (e.g., many cannot vote, and displaced workers in New Orleans continue to experience barriers to voting) except through organized, collective action. V. RECOMMENDATIONS 109. The Special Rapporteur would like to make the following recommendations to the Government. On general detention matters 110. Mandatory detention should be eliminated; the Department of Homeland Security should be required to make individualized determinations of whether or not a non-citizen presents a danger to society or a flight risk sufficient to justify their detention. 111. The Department of Homeland Security must comply with the Supreme Court’s decision in Zadvydas v. Davis and Clark v. Martinez. Individuals who cannot be returned to their home countries within the foreseeable future should be released as soon as that