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	American Civil Liberties Union : Analysis of Immigration Detention Policies
		A rational detention policy and the right to due process both demand that INS be given, and that it fairly exercise, discretion to ensure that only those non-citizens who are a danger to the community or a flight risk are detained pending a decision on whether the non-citizen is removable from the United States.
		Mandatory detention of non-citizens pending their immigration proceedings violates the right to due process and is inefficient and costly.
		Detention interferes with their ability to work and support their families, resulting in additional costs to the government, which must often step in to provide for these families.
	www.aclu.org /immigrants/detention/11771leg19990818.html (1443 words)

	Mandatory detention in Australia - Wikipedia, the free encyclopedia
		In the early 2000s, the mandatory detention of refugees seeking political asylum in Australia attracted considerable controversy, and remains a highly controversial aspect of Australian immigration policy.
		Mandatory detention laws were introduced in Australia with bi-partisan support in 1992.
		Mandatory detention, along with the issue of asylum seekers generally, was an important socio-political issue in Australia from 2000 to 2002 (and remains a significant concern for many Australians to this day).
	en.wikipedia.org /wiki/Mandatory_detention_in_Australia (2235 words)

	Human Rights and Equal Opportunity Commission Website: Children's Rights
		Mandatory detention laws were enacted in Western Australia and the Northern Territory in 1996 and 1997 respectively.
		Mandatory detention restricts the court's capacity to ensure that the punishment is proportional to the seriousness of the offence and in relation to the rehabilitative options.
		The mandatory detention laws reflect the high degree of misinformation in the community about juvenile crime, a point that was also highlighted in the Seen and heard report.
	www.hreoc.gov.au /human_rights/children/mandatory_briefing.html (4426 words)

	Refugee Action Committee, Canberra - Alternatives to mandatory detention
		These detentions are the result of the deliberate policies of successive governments that have ignored the many workable alternatives proposed over the years.
		A period of initial mandatory detention consistent with international law and practice to ensure public health and safety and identification, but only for a limited period of 30 days with two possible extentions of 30 days.
		Another current in the refugee rights movement calls for all detention of asylum seekers to be abolished (unless, of course, they have committed some offence); and that the most traumatised people in the world should never be subjected to the psychological trauma of detention without good reason.
	www.refugeeaction.org /policy/summary.htm (1090 words)

	bmj.com Rapid Responses for Fazel and Silove, 332 (7536) 251-252 (Site not responding. Last check: 2007-09-17)
		Detention of torture survivors, children and those with physical or mental ill health is unjustifiable, contrary to the Home Office’s own policy, and should cease.
		Mandatory detention has not been abolished, but increased so that future asylum seekers arriving by boat will be now be detained in other Pacific states.
		Mandatory detention is still firmly in place in Australia and as long as it and the indefinite detention of asylum seekers in Australia or offshore continues, mental illness will continue to be a scourge.
	www.bmj.com /cgi/eletters/332/7536/251 (1437 words)

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		All proposals for initial detention tend to reinforce the lie that Australia’s borders are threatened by asylum seekers, and leave in place the mythology that has been used to demonise asylum seekers as hostile aliens, criminals, potential terrorists and people bringing dangerous diseases.
		Detention is not necessary to check that asylum seekers are free of illness.
		IN other words, the humane alternative to mandatory detention is to return to a system similar to that which applied before 1989, in which asylum seekers who arrive without authorisation are offered support and accommodation in the community, and allowed to choose where they live while their claims are being assessed.
	www.geocities.com /nodetention (1485 words)

	Supreme Court Upholds Mandatory Detention
		The decision reverses a ruling by the Ninth Circuit Court of Appeals and overrules three other circuits-the Third, Fourth, and Tenth-all of which had found that the mandatory detention of lawful permanent residents, when they are not afforded a hearing in which they could show that their detention is not warranted, violates due process.
		Turning to the merits, the Court first noted that Kim did not contest the fact that mandatory detention applies to him because of his convictions, nor did he contest that he is deportable based on those convictions.
		They would find that mandatory detention without an individualized opportunity to show that detention is not warranted by risk of flight or danger violates due process.
	www.nilc.org /immlawpolicy/arrestdet/ad067.htm (552 words)

	AMERICAN IMMIGRATION LAWYER’S ASSOCIATION ISSUES POSITION PAPER ON MANDATORY DETENTION
		Leading the growing number of groups that have officially condemned the practice of the mandatory detention of all immigrants with criminal convictions is the American Immigration Lawyers Association (AILA).
		Mandatory detention was created in 1996, but was its effective date was deferred until October 1998 so the INS could develop the resources to implement the plan.
		When proposed, supporters called mandatory detention a necessary way to ensure that people in deportation proceeding would appear for their hearings, citing statistics about how many people failed to appear when released.
	www.visalaw.com /99nov/9nov99.html (530 words)

	Children in Detention
		Other international agreements relevant to the detention of refugees (all ratified by Australia) are the 1951 UN Convention relating to the Status of Refugees, the 1967 UN Protocol relating to the Status of Refugees and the 1984 UN Convention against Torture.
		Immigration Detention Standards) require that all detainees have access to education programs, and that social and education programs appropriate to the child's age and abilities is available to all children in detention.
		The mandatory detention of refugees is detrimental to the mental health of children and adults with an alarming rate of mental disorder developing, according to figures to be released today at the 38th International Congress of the Australian and New Zealand College of Psychiatrists (RANZCP).
	www.aph.gov.au /library/intguide/sp/Childrendetention.htm (4021 words)

	ILW.COM - immigration news: Supreme Court Upholds Mandatory Detention Statute, Reverses Ninth Circuit (Site not responding. Last check: 2007-09-17)
		In reversing the decision of the US Court of Appeals for the Ninth Circuit, the Supreme Court found that mandatory detention, as required by Section 236(c) of the Immigration and Nationality Act (INA), is a "constitutionally permissible" part of removal proceedings.
		He was detained during his removal proceedings pursuant to the mandatory detention provision of INA §236(c).
		Aliens should also be aware of the increased possibility of detention under INA §236(c) in connection with applications for benefits, such as employment authorization and adjustment of status.
	www.ilw.com /articles/2003,0520-labrie.shtm (1214 words)

	NEWS RELEASE - INS Adopts New Legal Interpretation on Mandatory Detention
		The change gives some aliens who completed their criminal sentences prior to the implementation of the mandatory detention requirements in October 1998 the right to be considered for release from detention pending their removal hearings.
		Aliens who may be considered for bond or parole from detention pending the outcome of removal proceedings include not only those already in INS custody, but also those who INS may encounter in the future.
		That interpretation meant that most aliens in removal proceedings who had been convicted of crimes were subject to mandatory detention regardless of when or how long ago they completed their criminal sentences.
	www.immigrationlinks.com /news/news013.htm (445 words)

	American Civil Liberties Union : Three Federal Appeals Courts Declare Mandatory Detention of Immigrants Unconstitutional
		Since the mandatory detention statute took effect on October 1998, the ACLU's Immigrants' Rights Project has waged a litigation campaign against the provision.
		ACLU attorneys briefed and argued all three of the circuit court cases that have now held the statute unconstitutional and are litigating challenges to the law in other courts of appeals.
		At their hearings, they were all able to prove that they were neither dangers to the community nor flight risks and were released on bond pending their removal proceedings.
	www.aclu.org /immigrants/detention/11678prs20020305.html (651 words)

	Mandatory Detention Laws Mean Mandatory Injustice
		The mandatory sentencing schemes appear to target offences that are committed disproportionately by indigenous Australians, especially in the case of juveniles, leading to a racially discriminatory impact on their rate of incarceration.
		Since mandatory detention sentencing was introduced in the smaller populated Northern Territory, the growth and rate of growth in juvenile detention has been higher than in any other jurisdiction.
		Mandatory detention laws do not allow the competent authorities to consider all the circumstances of a case in committing a person to detention and will therefore always be arbitrary in that they fail to meet the criteria of appropriateness and justice.
	www.dci-au.org /html/bath.html (9341 words)

	McCaul (TX10) - McCaul Bill Bolsters Border Security Legislation, Proposes Mandatory Detention Space for Undocumented ... (Site not responding. Last check: 2007-09-17)
		The Border Security Detention and Enforcement Act of 2005, which was introduced by Congressman McCaul on Thursday, will end the 'catch and release' policy of Other-than-Mexican (OTM) illegal aliens, and will help the Department of Homeland Security (DHS) to provide enough detention space for these illegal aliens.
		Mandatory detention has proved to be a powerful deterrent to undocumented immigrants who try to illegally gain access to the United States, and the Border Security Detention and Enforcement Act will work to make sure that DHS has enough detention space to make this policy successful.
		Additionally, the bill provides detention space recommendations to the Secretary of Homeland Security by requiring DHS to conduct a comprehensive analysis, which DHS must implement, of all possible options to cost effectively increase available detention facilities, including the use of temporary and private facilities, and secure alternatives to detention.
	www.house.gov /list/press/tx10_mccaul/11_4_05_BSDEA.html (443 words)

	Mandatory Detention After Kim v. Demore (Site not responding. Last check: 2007-09-17)
		Even if a person was released from criminal detention after October 8, 1998 and was charged with removability for an offense listed in INA § 236(c), the person still may be able to show that he or she is not subject to mandatory detention.
		The Court concluded that in the “vast majority” of mandatory detention cases, detention lasts about a month and a half, and in the minority of cases — where the person appeals to the BIA — detention lasts about five months.
		He suggests that the length of detention may be evidence that the detention purpose may be arbitrary, and thus, unlawful (i.e.
	www.ailf.org /lac/lac_pa_090203.asp (3409 words)

	CLINIC - Advocacy Issues & Programs
		Several detention facilities refuse to pass messages to detainees informing them to contact their attorneys.
		detention facilities, with plans to phase in the standards at all contract facilities that house immigrants.
		Mandatory detention and expedited removal should be repealed.
	www.cliniclegal.org /Advocacy/detention.html (1425 words)

	Australia: Detention regime in breach of international human rights - Amnesty International (Site not responding. Last check: 2007-09-17)
		"Australia's mandatory detention regime continues to fall far short of international standards for the treatment and protection of refugees and asylum-seekers and the protection of the human rights of persons whose asylum applications have been dismissed," said Amnesty International.
		In Australia, asylum-seekers arriving without adequate documentation are subject to the provisions of the Migration Act, which imposes mandatory detention until a decision is made in their case.
		The lack of independent review of the lawfulness of detention and the absence of any maximum statutory time limit for detention means that detention can not only be prolonged, it can also continue indefinitely in circumstances where it is not possible to remove a failed asylum-seeker from Australia.
	web.amnesty.org /library/index/engasa120032005 (825 words)

	DRAFT POLICY : ASYLUM SEEKERS – MANDATORY DETENTION (Site not responding. Last check: 2007-09-17)
		The mandatory detention of asylum seekers is an excessive response that arbitrarily denies people of certain human rights; prolongs and exacerbates the trauma they have experienced before and during their flight; denies them the possibility and security of normal family life; impairs their successful resettlement; and severely affects their mental health and well being.
		The trauma and uncertainty of detention upon arrival is exacerbated by the denial of Permanent Residency visas to asylum seeking refugees who can obtain Temporary Protection visas for three years only, with limited access to resettlement services and inability to sponsor vulnerable family members.
		At a minimum, families with children, and without criminal records should be immediately removed from detention centres, to enable them to regain some family routine, to benefit from community support, to decrease their exposure to harsh conditions of detention, and to provide the children with more freedom, access to education and better socialisation.
	www.phaa.net.au /policy/AsylumSeekers.htm (925 words)

	NO DETENTION Petition
		AS the movement for refugee rights has grown dramatically over the past two years, so has the discussion around alternatives to the government’s policy of mandatory detention of asylum seekers who have entered the country without authorisation.
		The danger is that this leaves in place the basic premise of the government’s regime — that asylum seekers are hostile aliens and a threat to society — which is used to justify detention, the "Pacific solution" and the discriminatory nature of temporary protection visas.
		The NO DETENTION Petition to Refugee rights movement in Australia was created by and written by Phil Griffiths.
	www.petitiononline.com /nodet/petition.html (1357 words)

	RIGHTS-AUSTRALIA: Children Take Brunt of Immigration Detention Policy
		Michael Andrew Tran was born in detention to Vietnamese asylum- seeker parents and so was 11-month-old Tina, whose parents came to Australia in 1996 seeking asylum from China and were put in detention along with her three-year-old brother in August 2003.
		Mandatory detention for unlawful non-citizens was introduced in Australia in 1992 and while many countries detain illegal immigrants, Australia is probably the only country where detention is mandatory for adults and children during case process.
		For 13 years since this brutal policy of mandatory detention was introduced, human and refugee rights activists have been campaigning to get Australia to honour its many international legal obligations.
	www.ipsnews.net /news.asp?idnews=29641 (1181 words)

	INS ADOPTS NEW POLICY ON MANDATORY DETENTION
		Responding to numerous federal court decisions, the Immigration and Naturalization Service has changed its interpretation of the mandatory detention requirements imposed by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).
		Someone released from detention but still under probation would now not be subject to mandatory detention.
		The INS emphasizes that decisions on whether to detain someone pending deportation will be made on a case by case basis, releasing only those who completed their criminal sentence before October 9, 1998, do not pose a danger to the community, and are likely to appear at future hearings.
	www.visalaw.com /99aug/9aug99.html (546 words)

	CLINIC - Advocacy Issues & Programs
		mandated the detention of vast categories of immigrants.
		law to require the detention of almost all non-citizens with criminal convictions.
		However, under the mandatory detention provisions of the Immigration and
	www.cliniclegal.org /Advocacy/mandatorydetention.html (527 words)

	Green Left - Cover Story: Mandatory detention must go! (Site not responding. Last check: 2007-09-17)
		Now, 13 years after it was introduced, it looks possible that the mandatory detention policy might start to unravel through widespread public dismay at its consequences.
		His second bill calls for reform of the mandatory detention system, to turn it into ‘‘a targeted system of detention subject to judicial scrutiny''.
		Mandatory detention remains a firm bipartisan policy, despite increasing disquiet among the ranks.
	www.greenleft.org.au /2005/628/34625 (848 words)

	US Supreme Court \| Mandatory Custody, Detention, No Bail \| Removal and Deportation
		The post-removal-period detention statute, read in light of the Constitution’s demands, implicitly limits an alien’s detention to a period reasonably necessary to bring about that alien’s removal from the United States, and does not permit indefinite detention.
		Government detention violates the Clause unless it is ordered in a criminal proceeding with adequate procedural safeguards or a special justification outweighs the individual’s liberty interest.
		When preventive detention is potentially indefinite, this dangerousness rationale must also be accompanied by some other special circumstance, such as mental illness, that helps to create the danger.
	www.callyourlawyers.com /supremect_imm.html (4818 words)

	ZNet \| Foreign Policy \| Asylum Seekers in Australia
		Many are imprisoned behind razor wire in some of the most hostile terrain on earth, deliberately isolated from population centres in "detention centres" run by an American company specialising in top-security prisons.
		Such is Howard's cynicism that he has never explained to Australians that their country actually receives one of the smallest numbers of "illegal" asylum-seekers in the world: about 4,000 a year.
		Of these, three-quarters are eventually accepted, but only after mandatory and indefinite imprisonment in camps described by the former conservative prime minister Malcolm Fraser as "hell-holes".
	www.zmag.org /content/ForeignPolicy/pilger0209.cfm (1706 words)

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