Being in the US without authorization is a civil offense, not a criminal offense. Our neighbors are being detained for the equivalent of a lawsuit over backpay, or a slip and fall. No other civil offenses allow pre-trial confinement. Why should immigration? Even if the person has been removed previously, the criminal charge they face would be a misdemeanor. Do we detain teenagers pre-trial when they’ve been caught trespassing or having a fake ID? Of course we don’t and we shouldn’t detain our neighbors for those offenses either.
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