Alternatives to Immigration Detention

53 Pages Posted: 7 Oct 2017 Last revised: 31 Oct 2017

See all articles by Fatma E. Marouf

Fatma E. Marouf

Texas A&M University School of Law

Date Written: July 1, 2017


The United States places over 440,000 people each year in immigration detention, far more than any other country in the world. This Article argues that there are compelling humanitarian and financial reasons to utilize more alternatives to detention. It examines the strengths and limitations of existing alternatives, including the need to develop more community-based case management programs and to rely less on electronic monitoring. The Article then sets forth several legal arguments under the Constitution, Rehabilitation Act, and international human rights law for requiring greater consideration of alternatives to detention.

Keywords: immigration, detention, alternatives, community-based, bond

JEL Classification: K37

Suggested Citation

Marouf, Fatma E., Alternatives to Immigration Detention (July 1, 2017). Cardozo Law Review, Vol. 38, 2017, Texas A&M University School of Law Legal Studies Research Paper No. 17-79, Available at SSRN: or

Fatma E. Marouf (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

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