Grounds for Mandatory Detention

The grounds for mandatory detention include various grounds of inadmissibility from Section 212(a) of the I.N.A. — but an actual conviction is not required in all cases. 

These criminal grounds of inadmissibility include commission of:

• a crime involving moral turpitude, unless the maximum sentence possible is one year or less and the actual sentence you received is less than six months OR if you were under 18 when you committed the crime and it was more than five years ago
• multiple convictions where the aggregate sentence is five years or more of imprisonment
• a controlled substance offense (any drug offense, including if the immigration authorities have reason to believe that you are a drug trafficker)
• a prostitution-related offense
• terrorist activity
• significant human trafficking
• money laundering

Detention is also mandatory for people who are deportable based on criminal convictions (found in Section 237 of the I.N.A.) including:

• a crime involving moral turpitude where (as an added requirement from I.N.A. Section 236(c)(1)(C)), you were sentenced to more than one year in prison
• two or more crimes involving moral turpitude
• an aggravated felony
• a firearms offense
• a controlled substance conviction other than a single offense for possession for your own use of 30 grams or less of marijuana
• drug abuse or addiction, or
• espionage, sabotage, or treason.