For decades, immigration authorities have relied on “mandatory detention” to justify some of the most egregious due process and humanitarian violations that have occurred in the immigration system. This is in part why there are a number of bills such as the New Way Forward Act and the Dignity Not Detention Act that have been introduced in the House to end mandatory detention.
Mandatory detention should not be used as a benchmark for preserving human life under this pandemic or beyond, given the history, scope, and devastating impact of this unjust label.