NCJ Number
145944
Journal
Crime, Law and Social Change Volume: 20 Issue: 2 Dated: (September 1993) Pages: 139-160
Date Published
1993
Length
22 pages
Annotation
This study examined the extent to which alien characteristics, both legal and illegal, affected Immigration and Naturalization Service (INS) officials' bail decisions.
Abstract
The INS is responsible for combating the flow of illegal aliens into the United States. INS officials must decide whether an apprehended alien is released or detained and the amount of bond to set. Officials try to avoid detaining aliens who are not "flight" risks or criminals. Critics charge, however, that immigration bond policy is arbitrary and inefficient. INS officials counter by claiming that community ties and crime issues are the factors in bond decisions. This study of the extent to which alien characteristics affect officials' bail decisions used a sample of cases from the files of the Miami INS office during the mid to late 1980's. A random sample of 498 aliens was used. Findings show that community ties were important in these cases. Aliens with local family, especially spouses and minors, received lower bonds. Employed aliens, those with assets, and students also fared well in bail decisions. Aliens deemed a threat and those arrested for a crime were usually detained. Uncooperative aliens and those with false documents received high bonds. Aliens from communist and poverty-stricken nations received lower bonds, as did minors, males, and whites. Those from dictatorships and drug-producing nations received higher bails. 6 tables and 30 notes