U.S. Immigration and Customs Enforcement is increasingly using a post-9/11 regulation to keep immigrants in detention even after immigration judges grant their release on bond, according to newly disclosed federal data.
The policy, known as an "automatic stay," allows ICE to block release by filing a short notice with the court. It was created in October 2001 "to prevent the release of aliens who may pose a threat to national security," but does not require sign-off from a judge or the Board of Immigration Appeals.
