801 I Street NW
Washington, DC 20536
ASSISTANT REGIONAL DIRECTORS, DETENTION & REMOVAL
INTERIM DIRECTORS, ENFORCEMENT
FROM: Anthony S. Tangeman
Director, Office of Detention and Removal
Immigration and Customs Enforcement
SUBJECT: Implementation of United States Supreme Court Decision in DeMore v. Kim (Interim Guidance)
On April 29 the United States Supreme Court handed down its decision in DeMore v. Kim. In that decision, the court held that mandatory detention pursuant to §236(c) of the Immigration and Nationality Act (INA) is constitutional.
Please consult with local district counsel if there are any questions regarding whether a specific alien is subject to the mandatory detention provisions of §236(c).
Further implementing guidance will be issued shortly addressing those aliens affected by the decision who were previously released on bond. If you have any questions regarding this interim guidance, please contact X at (202) XXX-XXXX.