Two weeks ago, the House Judiciary Committee approved a bill entitled the “Keep Our Communities Safe Act of 2011” (H.R. 1932). The bill is supposedly aimed at reducing crimes allegedly committed by immigrants who have been ordered removed from the United States but who cannot be deported because no country will accept them.
While there is little to suggest that the bill would actually accomplish this goal, there is a great deal to suggest that the bill would result in a system of indefinite detention for individuals who pose no danger to society. Moreover, the bill empowers government officials to unilaterally determine who should be subject to this prolonged detention, all the while making it more difficult for persons covered by it to challenge their detention before a neutral decision-maker.