Prof. Linus Chan Quoted in Sahan Journal About the Difficulty of ICE Detainees to be Released From Custody

Professor Linus Chan, James H. Binger Clinical Professor of Law, was quoted in the Sahan Journal about how it’s getting harder for ICE detainees to be released from custody, even through deportation. Part of the reason is a ruling last year by the federal Eighth Circuit Court of Appeals that essentially allows detainees to remain in custody indefinitely until their immigration case is settled. Even after a judge orders a detainee’s removal from the country, that detainee can still sit in jail for months, even years, before being deported. The Eighth Circuit’s ruling in Banyee v. Garland affirmed that “due process imposes no time limit on detention pending deportation” so detainees who are still awaiting judgment on or appealing their immigration case cannot petition for release from custody, a right known as habeas corpus. Prof. Chan said, “[No one] in the Eighth Circuit can claim that being detained for a long time gets you released.”