Quote:
Originally Posted by PepsiFree
Just quoting this point because I thought it was interesting you described the timeline as arbitrary.
If you were detained by the police, but not arrested, would you be fine with being detained above the 24-hour limit, let's say up to a few weeks, because the police are busy?
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1). I’m not a criminal lawyer, but I’m not aware of any 24 hour limit in the US.
2). The question you present is not the same when dealing with an unaccompanied minor (and also mixes criminal procedure with what should be a civil violation, and excessively long detention in a criminal procedure context could result in evidence suppression or outright dismissal of charges—not sure how that is analogous to an immigration stay).
Again, once the 72 hour limit passes, what do you propose be done with the children? Throw them out on the streets of El Paso (where they might fall in love with a Mexican girl . . .)? Put them up with some foster parents (presumably, there are only so many to go around and their houses have capacity limits)?
I don’t think that the children are being held for a period of time just because the immigration courts are busy, but also (or maybe rather) because there is nowhere for the children to go.