Abstract

In Demore v. Kim the United States Supreme Court interpreted the United States Constitution to allow detention of non-citizens while are in removal proceedings even if those individuals are not a flight risk and pose no danger to society and even if the detention was lengthy (months perhaps even years). The author discusses the Supreme Court cases dealing with detention of aliens and the cases dealing with civil detention and contends that permanent resident aliens should be treated as indistinguishable from citizens regarding their entitlement to a core fundamental human right like the right to physical liberty.

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