INS Issues Rule Expanding Its Authority to Detain Noncitizens...

IMMIGRATION LAW & POLICY

Arrest and Detention

INS ISSUES RULE EXPANDING ITS AUTHORITY TO DETAIN NONCITIZENS WITHOUT CHARGE IN RESPONSE TO WTC AND PENTAGON ATTACKS
Immigrants' Rights Update, Vol. 15, No. 6, Oct. 8, 2001

The Immigration and Naturalization Service has issued an interim regulation, effective immediately, that expands the length of time that the INS can detain noncitizens arrested without a warrant before the agency decides whether to bring removal charges against them. According to the supplemental information published with the rule in the Federal Register, the rule was issued without a period for public comment to enable the INS "to process cases-including establishing true identities and communicating with other law enforcement agencies-that arise in connection with the emergency posed by the recent terrorist activities perpetrated on United States soil."

The rule amends 8 CFR section 287.3(d) to increase the period of time that the INS is permitted to detain a noncitizen without charge from 24 hours to 48 hours and to allow "an additional reasonable period of time" in the event of "an emergency or other extraordinary circumstance." The INS published the rule with a request for public comments, which must be received on or before Nov. 19, 2001.

66 Fed. Reg. 48,334 (Sept. 20, 2001).