Federal judges overseeing requests from immigration detainees generally conclude that noncitizens who are detained while present within the United States are entitled to due process rights.
November 20, 2025
high
legal
Describes a common judicial conclusion in federal court proceedings about the applicability of due process to noncitizens detained inside the U.S.
U.S. immigration law and the U.S. Constitution recognize a distinction between noncitizens stopped at or near the border and noncitizens who reside within the country, with due process protections applying to noncitizens residing within the country but not to those stopped at or near the border.
November 20, 2025
high
legal
Summarizes a long-recognized legal distinction affecting the scope of constitutional due process protections for noncitizens.
Special Immigrant Juvenile Status (SIJS) was created by an act of Congress in 1990 with bipartisan support.
January 01, 1990
high
temporal
SIJS is a federal immigration classification for certain abused, neglected, or abandoned children and youth.
Withholding of removal is a U.S. immigration protection that prevents deportation when an immigration judge determines an individual would face persecution or torture in the country of removal.
high
procedural
Describes the legal purpose and effect of withholding of removal in U.S. immigration proceedings.
U.S. immigration authorities can seek third-country removal, which is removal of a noncitizen to a country other than the individual's country of origin.
high
policy
Defines the practice of removing noncitizens to third countries rather than to their country of origin.