Prof. Linus Chan Interviewed by Sahan Journal About the Eighth Circuit Immigrant Detention Ruling

Professor Linus Chan was interviewed by the Sahan Journal about the fallout about the ruling by the Eighth Circuit Court of Appeals that arrested immigrants can be detained without bond. Although the decision is likely to be appealed to the U.S. Supreme Court in the near future, advocates worry it the decision could result in new immigration detention centers in Minnesota and the six other Midwest states within its jurisdiction. At the heart of the legal argument playing out in district and federal appeals courts across the country is the interpretation of a section in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that pertains to the mandatory detention of immigrants arriving to the U.S. at the country’s border. In the act, they are referred to as immigrants “seeking admission.” The federal government argues that this term applies to any undocumented immigrant in the U.S., even those who have been residing in the country for decades. Prof. Chan said this policy interpretation could have major consequences nationwide with a dramatic increase of individuals detained. He said, “Right now, the highest number of immigration detention in one day is something like 80,000. The number of people that this potentially could cover could easily be several million.”