Relentless advocacy and powerful reporting have resulted in a growing outcry against the United States immigration detention system. Nevertheless, the system has experienced a dramatic growth in the last decade, affecting families and communities all over the country. Inspired by United States and international legal theory, this article critically examines the legality of lengthy detention of non-citizens held in pre-removal immigration detention in the United States, while presenting a comparative analysis of the European Union and four of its Member States. Following the introduction, the article begins with an examination of the United States' Supreme Court's developing understanding of the Due Process Clause of the Fifth Amendment to the United States' Constitution in relation to claims brought by non-citizens. The article also discusses two recent United States' Supreme Court cases - Zadvydas v. Davis and Demore v. Kim - and how lower courts have interpreted them. Next, the article addresses the European Union's Return Directive, relevant international human rights standards, and particular laws in France, Austria, Portugal, and Greece that place time limits on immigration detention. The article concludes with three recommendations to decrease the amount of time non-citizens spend in administrative immigration detention in the United States.

Indefinite Immigration United States Detention

immigration policy comparative study Greece Austria European Union legislative implementation administrative framework Portugal France human rights United States advocacy