Can a non-offender be detained solely for reasons of deportation out of the United States?

• A. Yes
• B. No
• C. Only with a warrant
• D. Not specified

Answer: (B)

Detention must have a lawful basis beyond just immigration status. Deportation is a civil process, and holding a non-offender solely to facilitate removal would infringe on their rights unless there is a valid removal order and proper procedures are followed. In other words, you cannot detain someone just for the purpose of deportation when there is no underlying removal proceeding or risk that justifies detention. If there’s an active removal order and the person is subject to removal, detention may occur as part of that process, but not simply to deport them for being non-offending. That's why this statement is not permissible.