NCJ Number
192418
Journal
Corrections Compendium Volume: 26 Issue: 12 Dated: December 2001 Pages: 20-22
Editor(s)
Susan L. Clayton
Date Published
December 2001
Length
3 pages
Annotation
This article provided a brief overview of the legal requirements in the detention of foreign nationals in the United States, specifically consular assistance.
Abstract
A foreign national is anyone who is not a United States citizen. Whenever a foreign national is arrested or detained in the United States, there are legal requirements to ensure they receive appropriate consular assistance. A consular officer is a citizen from a particular country who is employed by another country’s government and authorized to provide assistance on behalf of their native country’s government. There are a number of tasks that consular officers perform when assisting a foreign national detainee that include: (1) meet with foreign national to discuss their detainment situation; (2) arrangement of legal representation; (3) monitor the progress of the case; and (4) ensure that he/she receives a fair trial. Foreign nationals must be informed of their right to consular notification and access. Unless they are from a mandatory notification country (currently 56), they can decide if their consular will be notified. Mandatory notification requirements must also be adhered to. The steps involved when a foreign national is arrested or detained are to determine the foreign national’s country of passport, notify the foreign national’s country if not on the mandatory notification list, notify the country’s nearest consular officials if on the mandatory notification list, and keep a written record of the provision of notification and actions taken.