[20210720]IF11343_移民拘留法：简介.pdf

https:/crsreports.congress.gov Updated July 20, 2021The Law of Immigration Detention: A Brief IntroductionThe Immigration and Nationality Act (INA) authorizesand in some cases requiresthe Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens) who are subject to removal from the United States. This detention scheme is multifaceted, with rules that turn on several factors, such as whether the alien is seeking admission or has been lawfully admitted into the country; whether the alien has engaged in certain proscribed conduct; and whether the alien has been issued a final order of removal. This In Focus provides a brief introduction to the immigration detention framework. For a more detailed discussion, see CRS Report R45915, Immigration Detention: A Legal Overview, by Hillel R. Smith. Statutory Framework Four provisions of the INA primarily shape the immigration detention framework: 1. INA 236(a) generally authorizes the detention of aliens pending a decision on whether the alien is to be removed from the United States and permits those who are not subject to mandatory detention to be released on bond or their own recognizance; 2. INA 236(c) generally requires t