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Power of the Immigration Authorities to Detain Non-Citizen
The United States can detain aliens seeking admission (8 USC 1225, INA 235) and those aliens already in the country pending the result of their removal proceeding (8 USC 1226, INA 236). Detention is considered as a necessarily a part of the deportation procedure.
ICE is authorized to detain non-citizens who seeking admission/entry into United States if (1) he or she is determined to be inadmissible due to fraud, misrepresentation, or lack of valid documentation (section 1225(b)(1) or (2) those entry seekers that are determined to be not clearly and beyond a doubt entitled to be admitted (section 1225(b)(2). The first category is removed “without further hearing or review” pursuant to an expedited removal process, but if they request asylum relief, then they are not removed rather their application is process for finding of credible fear. This section mandates detention of the applicant for admission until the proceedings have concluded—one for the asylum and other for the removal. In legal language-- Section 1225(b)(1) mandates detention “for further consideration of the application for asylum,” § 1225(b)(1)(B)(ii), and § 1225(b)(2) requires detention “for a [removal] proceeding. Once either of these proceedings, asylum or removal are over, the detention must end. Irrespective of the reason of detention, during the detention the detained person can ask for release on parole urgent humanitarian reasons or significant public benefit.”
Now the detention and removal of those already present in the United States is covered under section 1226 (INA 236). Under section 1226(c), the authorities can take into custody any non-citizen who has been involved criminal offenses and terrorist activities. Such an alien could be released for witness-protection purposes and also if the alien will not pose a danger or flight risk. As is with those seeking admission, those with admission but in removal, can be detained pending a decision on whether the alien is to be removed from the United States.
Now this is about the pendency of the removal proceeding. Same is not true for the one who has already been ordered removed. They could be detained for 90-day period after the completion of the removal proceedings (section 1231(a), INA 241(a), Supreme Court has said it that such a person may not be detained beyond a reasonable time necessary to secure removal and 6 months have been held to be that reasonable period.