NCJ Number
125898
Journal
Southern California Law Review Volume: 62 Issue: 6 Dated: (September 1989) Pages: 1733-1804
Date Published
1989
Length
72 pages
Annotation
The United States has a long, proud tradition of championing the disadvantaged refugee. Yet, the Mariel Cubans languish in American prisons.
Abstract
A careful analysis of international law, constitutional law, and the statutory scheme leads to an inescapable conclusion: the detention of excludable aliens is permissible only for a reasonable period to determine excludability and to effect exclusion. Where this cannot be accomplished, the alien is entitled to be paroled in the U.S. or to be released to another country willing to accept the alien. Arguably, the U.S. may detain an alien if the alien is a threat to the citizens of the U.S. However, the Executive may not deprive an alien of liberty on these grounds without due process of law. These are the requirements of Federal law; when the Executive fails to respect this law, the courts should intervene. Only then will the Mariel Cubans and future immigrants similarly situated receive the basic human dignity to which all persons are entitled. 374 notes