ICE Detainees Must Have Hearing Within 10 Days of Arrest: Court

The due process clause requires that detainees arrested by Immigration and Customs Enforcement receive an initial hearing within 10 days of arrest, a New York federal trial court said Monday.

This 10-day requirement ensures that detainees are provided an opportunity to be heard “at a meaningful time and in a meaningful manner,” the fundamental requirement of due process, Judge Alison J. Nathan of the U.S. District Court for the Southern District of New York said.

A 10-day period acknowledges that the immigration court doesn’t obtain jurisdiction over removal proceedings until the filing of the notice to appear, the charging document ...