For this reason and others, they argued that the power to detain people for the purposes of criminal trial and punishment (as opposed to detention generally) was clearly a judicial function, but there is no general rule and other powers to detain may not offend Chapter III.
Immigrants, including Iranian and Iraqi asylum seekers, are still upset about conditions at the center and about their continued detention generally.
Our research also suggested that threatening to detain children separately, and threatening civil detention generally to deter future conduct, was probably unconstitutional.
Detention generally is considered to be a judicial function, which can be exercised only by courts, pursuant to Chapter III of the Australian Constitution.
Earlier on Wednesday, Trump signed an executive order that shifted that policy slightly by directing that children be generally kept in detention with their parents.
Rob Taub: Mr. Trump, you've discussed banning and deporting immigrants, but what are your plans for incarcerating criminals and other people that you deem stupid and generally worthy of detention?
At a hearing last December, government lawyers agreed that it was not, although the courts generally allow brief detentions for investigative purposes.
Mr. Lietzau had been offered a more senior policy role in the Pentagon that would have allowed him to retain authority over detention issues generally, officials said.
Several courts have ordered the proceedings opened and have voiced considerable skepticism about the government's justifications for its detention policies generally.
Dr. Cooper noted that medical evaluations in juvenile detention were generally confined to communicable or life-threatening diseases and did not include reproductive health, as they do at Asian Health Services and other clinics that work with sexually exploited girls.
