digitalcommons.nyls.edu Faculty Scholarship Articles & Chapters 2010 As Old as the Hills: Detention and Immigration Lenni Benson New York Law School,
[email protected] Follow this and additional works at: http://digitalcommons.nyls.edu/fac_articles_chapters Part of the Human Rights Law Commons, and the Immigration Law Commons Recommended Citation 5 Intercultural Human Rights Law Review 11-55 (2010). This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Articles & Chapters by an authorized administrator of DigitalCommons@NYLS. AS OLD AS THE HILLS: DETENTION AND IMMIGRATION LENNIB.BENSON* How will you answer when you are asked: Did you know people were being imprisoned? Did you know how many? Why did you let your government put immigrants in prison? I. Detention is Not New: Is It a Necessary Part of Control over Immigrants? If you are reading this essay and the related symposium articles, you will learn a great deal about the role detention plays in U.S. immigration law. You will become a witness to our government's use of a tool that directly and undeniably impinges on our most fundamental freedom: personal liberty. It is my hope that by writing this essay, I may contribute to a reexamination by all of us of the reasons we use immigration detention; and that we will ask fundamental questions about whether immigration detention is a legitimate tool. As we learn more, we all become witnesses to our government's actions. Today we will become educated, and informed.