May 08, 2003

U.S. Department of Homeland Security

801 I  Street NW
Washington, DC 20536

MEMORANDUM FOR: REGIONAL DIRECTORS

ASSISTANT REGIONAL DIRECTORS, DETENTION & REMOVAL

INTERIM  DIRECTORS, ENFORCEMENT

FROM:  Anthony S. Tangeman
Director, Office of Detention and Removal
Immigration and Customs Enforcement

SUBJECT:  Implementation of United States Supreme Court Decision in DeMore v. Kim (Interim Guidance)

On April 29 the United States Supreme Court handed down its decision in DeMore v. Kim.  In that decision, the court held that mandatory detention pursuant to §236(c) of the Immigration and Nationality Act (INA) is constitutional.

Effective immediately:

1. No new bonds will be issued for aliens subject to §236(c).

2. All aliens coming into initial custody who meet the criteria for mandatory detention under §236(c) shall be placed into detention.

3. Aliens subject to 236(c) who were previously bonded out and come into Immigration and Customs Enforcement (ICE) custody under new circumstances shall also be placed into detention.

4. Aliens subject to §236(c) who have been granted a bond by an Immigration Judge and have not as yet posted bond, shall be served with a re-determination notice and held in detention. 

Please consult with local district counsel if there are any questions regarding whether a specific alien is subject to the mandatory detention provisions of §236(c). 

Further implementing guidance will be issued shortly addressing those aliens affected by the decision who were previously released on bond.  If you have any questions regarding this interim guidance, please contact X at (202) XXX-XXXX.