legal

Zadvydas v. Davis: Indefinite Post-Removal Detention Unconstitutional

| ICE

The Supreme Court rules 5-4 in Zadvydas v. Davis that once a person has been ordered removed but actual removal is not reasonably foreseeable (such as when no country will accept them), continued detention must have a reasonable time limit — presumptively six months. The ruling shapes ICE detention authority for the next two decades and applies to individuals from countries that refuse to accept deportees.

  • T1 Zadvydas v. Davis, 533 U.S. 678 (2001) Official
  • T2 SCOTUSblog — Zadvydas Analysis Major