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And the court said that because "the consequence of error may be detention of persons for the duration of hostilities that may last a generation or more, this is a risk too significant to ignore".
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"They are locked up at home, and it may as well be detention".
And lawyers fear that many may be in detention without the knowledge of a lawyer or their embassy.
Justice Sotomayor rejected that approach, saying that "our nation's overburdened immigration courts" would have difficulty making such determinations based on stale or missing evidence presented by immigrants who may be in detention and have no right to a lawyer.
The minutes recorded: "The issue is particularly acute for children and young people, but also affects adults and there may be unlawful detention as they run out of time to find beds".
The teenager admits at the beginning that he may be in detention in a week and his school might not like it, but he feels he needs to speak his mind.
Prisoners may be sentenced to detention for as much as three months.
Students who fail to comply may be subject to detention during lunch and after school.
Some juveniles charged with crimes are not being given the arraignment hearings they are entitled to; until they get lawyers, they may be held in detention centers or group homes.
Commander Gordon, citing security concerns, declined to comment on the indication that there may be a secret detention unit, and added that "we do not disclose the exact location of detainees within Guantánamo".
Liv Torres, secretary-general of the charity Norwegian People's Aid, said there were worrying signs in the cooperation agreement that asylum reception centres may be replaced with detention centres and migrants will have difficulties bringing family members to the country.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com