Reading Room Document

INS Proposal for Minimum Mandatory Bond

The document is a memorandum responding to a request for an opinion on the constitutionality of imposing a minimum \$500 bond on all aliens arrested for immigration law violations. The conclusion reached is that such a regulation would be constitutionally permissible, as it is a reasonable way to reduce the number of abscondees. The questions presented for review include whether the proposed minimum mandatory bond would be constitutional under the Immigration and Naturalization Act of 1952, and whether the denial of bail would be upheld as long as there is any basis in fact for the agency's decision.

July 13, 1981