Get DHS National Detention Standards 2000-2024

Mandatory detention is the practice of compulsorily detaining or imprisoning people seeking political asylum.

With so many factors, the data is unclear. Standard procedures say 72-hours. However, this is rarely the case because of the number of people entering the facilities, even children. Yet, the Flores Agreement says the government must release children after 20 days.

ICE/DRO Detention Standard. PURPOSE AND SCOPE. This Detention Standard protects the community, detainees, staff, volunteers, and contractors by ensuring secure and orderly operations when detainees are admitted to or released from a facility.

Mandatory detention. Australia's detention policies require anyone who is not an Australian citizen and does not have a valid visa to be detained. Their detention continues until they are granted a visa or leave the country.

Mandatory Detention of Criminal Aliens While immigration officials generally have broad discretion to decide whether to detain aliens during the pendency of removal proceedings, INA § 236(c) requires the detention of aliens removable on specified criminal or terrorism- related grounds.

Mandatory detention may constitute a penalty for illegal entry, given that detention is not justified in the circumstances of each individual detained, and is directed at asylum seekers who arrive without a visa.

In most cases, Immigration must decide within 48 hours whether to put you into immigration proceedings (in front of a judge), and whether to keep you in custody or to release you on bond. After 72 hours, Immigration must give you a Notice to Appear (NTA).

Some organizations suggest the average hold time is less than a month, while others say it's two or three months. But, some people have been in custody for years. Thus, the average length of stay in immigration detention depends on each person and their circumstances.