How long can an illegal immigrant be held in detention prior to deportation?

Question

what is the most time before it becomes cruel or unusual? I knew a guy that has been deported and has been in detention for a month now, they place them in a jail with hardened criminals until they have enough to return them to their country.

I have never heard of it being longer than a week or so to deport someone...six months sounds pretty cruel to me. And this person was definately not an enemy combatant.

Answer 1

I worked in one for children The longest has been 8 months. but it was more like a live in day care. It also depends on why they are detained I know personally of one being detained until a court date which could go as long as 5 years. I don't think it will but was told it could.

And no it's not always jail there are centers where they house them.

Answer 2

Oh, six months, minimum. If they are determined to be an 'enemy combatant' under the new law I think it is even longer. Even the old law they are trying to change said six months, though.

FYI, 6 months is roughly where the Supreme Court has held in court cases that 'due process' of various levels can kick in, at least for citizens.

It usually comes up with people who are not from Mexico, since deportation to Mexico is relatively simple. It is six months, honest.

That doesn't count being convicted of crimes, including illegal reentry, where there is a specific jail term for that. However, then you get a full trial.

Answer 3

Keep them there as long as possible. The sooner you deport them, the sooner they will re-cross the border.

Now don't get me wrong, we shouldn't just hold them there for a few months without a trial, that would be wrong. But I think the penalty for being found guilty of being an "illegal" immigrant in this country should be at least a year in prison. Deportation is not the answer.

Answer 4

Jail right? Isn't that where they usually put people who break the law?