Tournament: Vanderbilt | Round: 2 | Opponent: all | Judge: all
1AC – Contention One – Indefinite Detention

In 2010 Detention Watch Network shared the story of Raymond currently held in indefinite detention
(Detention Watch Network, 2010, “Indefinitely Detained: Raymond’s Story”, Jul 13, http://www.detentionwatchnetwork.org/raymond)

“My Human Rights …… faces indefinite detention.
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Unfortunately, Raymond’s story is not unique – there are tens of thousands of people held in inhumane conditions of indefinite detention across the country
Seville and Rappleye 12
(Lisa Riordan Seville and Hannah Rappleye, NBC News, “Immigrant detainees land in limbo in Alabama jail”, http://investigations.nbcnews.com/_news/2012/08/21/12072030-immigrant-detainees-land-in-limbo-in-alabama-jail?lite)

More than 250 detention …… struggled to deport, and prevails.
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I.C.E. relies on Department of Homeland Security regulations that create exemptions to Supreme Court rulings and permit indefinite detention of immigrants determined to be “specially dangerous”
Phillips 11 , J.D. Candidate, The University of Iowa College of Law, 2011
(Brandon L. Phillips', J.D. Candidate, The University of Iowa College of Law, 2011, “Questioning the Supremacy of the Supreme Court: Hernandez-Carrera v. Carlson and the Tenth Circuit's Justification for Indefinite Detention Under the Brand X Framework“, Iowa Law Review, Vol. 96:1099, http://www.uiowa.edu/~ilr/issues/ILR_96-3_Phillips.pdf)

DHS believes that the INA's ……. the Fifth and Ninth Circuits.

1AC – Contention Two – Securitization

Executive detention of immigrants is founded in Presidential War Powers authority over non-citizens
Martin 12, Academy of Finland Postdoctoral Researcher in Geography, 2012
(Lauren, Department of Geography, “Review essay: Detaining noncitizens: law, security, crime, and politics - A review of Immigration detention: law, history, politics by D Wilsher”, Environment and Planning D: Society and Space, volume 30, pages 748 – 755, doi:10.1068/d3004rev,
http://www.envplan.com/openaccess/d3004rev.pdf)

Wilsher, a UK-based attorney …… explanation of current practices.
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This framing of migration as a question of War Powers encourages DHS regulations which violate immigrant rights in the name of “security”
Rodriguez 5
(Jose Javier, “Clark v. Martinez'. Limited Statutory Construction Required by Constitutional Avoidance Offers Fragile Protection for Inadmissible Immigrants from Indefinite Detention”, Harvard Civil Rights-Civil Liberties Law Review, Vol. 40, ttp://www.law.harvard.edu/students/orgs/crcl/vol40_2/rodriguez.pdf)

While the Clark decision is…..States under parole status.

DHS regulation creates indefinite detention for immigrants under “special circumstances” based on fear of disease, terrorism, national security or “specially dangerous”
Sloan 9, Franklin and Olson 2009
(Virginia E. Sloan, President, Sharon Bradford Franklin, Senior Counsel, Laura Olson, Senior Counsel, The Constitution Project, October, “RECOMMENDATIONS FOR REFORMING OUR IMMIGRATION
DETENTION SYSTEM AND PROMOTING ACCESS TO COUNSEL IN IMMIGRATION PROCEEDINGS”,
http://www.constitutionproject.org/wp-content/uploads/2012/10/359.pdf)

In the wake of the Zadvydas decision, ….. be "specially dangerous."149

This mapping of ‘security’ on to immigrant bodies is the production of the matrix of war that legitimizes any violence in the name of opposing the ‘enemy’
Jabri 6, Professor of International Relations, Kings College London, 6
(Vivienne, Professor of International Relations, Department of War Studies, “Special Section: Theorizing the Liberty-Security Relation: Sovereignty, Liberalism and Exceptionalism War, Security and the Liberal State”, Security Dialogue; 37; 47)

The boundary shifts. It is no longer ….. UK. Gareth Peirce states:

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This conception of immigration, ‘security’ and war makes endless violence inevitable
Bigo 2, Professor at King's College London Department of War studies, 2002
Didier, Institut des Eundes politiques, Paris, “Security and Immigration: Toward a Critique of the Governmentality of Unease”, Alternatives 27, Special Issue, 63)

So who, now, remembers…..and urban insecurity.

Reexamining the conflation of “migrant” with “terrorist” is crucial space to challenge the migrant-citizen security paradigm
Labove 11, Masters In Liberal Studies, Dartmouth, 2011
(Joshua Matthew, Dartmouth College, “On the Border: Discursive and Legal Foundations of Post-9/11 U.S. Immigration Enforcement”, June, A Thesis Submitted to the Faculty in partial fulfillment of the requirements for the degree of Master of Arts, http://www.academia.edu/2501404/On_the_Border_Discursive_and_Legal_Foundations_of_Post-9_11_US_Immigration_Enforcement)

This research enters ……. outside the 'homeland'.

1AC – Contention Three – Otherization

Exclusion of immigrants labeled as mentally ill has historical foundation in eugenics policies
Weber 4
(Mark C. Weber, Professor of Law, DePaul University, The Journal of Gender, Race and Justice, Spring, 8 J. Gender Race and Just. 153, “Article: Opening the Golden Door: Disability and the Law of Immigration”)

I. Historical Exclusion of ….. supposedly inferior human beings.
Racist eugenics policies continue in the indefinite detention of persons labeled mentally ill by the Department of Homeland Security
Bramante 11
(Andrew, J.D. Candidate, 2011, Case Western Reserve University School of Law, “Ending Indefinite Detention of Non-Citizens”, Case Western Law Review, Vol 61:3, http://law.case.edu/journals/LawReview/Documents/Bramante.pdf)

Second, judicially or legislatively invalidating …… its egalitarian ideal.

Ableism justifies constant killing and devalues life.
Vicky, writer and educator, 3/9/12
Vicky, writer and educator who works with people who have mental health problems and/or intellectual disabilities, March 9, 2012, Bethlehem Blogger, “Resistance: which way the future?,” http://bethlehemblogger.wordpress.com/2012/03/09/resistance-which-way-the-future/#more-1056, accessed 7/8/12, JTF

The knowledge also enriched ….. enough power on your own.

Recognition and changing of disability relations creates ruptures in status quo thinking
Campbell, Griffith University, 9 (Fiona Kumari, 2009, “Contours of Ableism: The Production of Disability and Abledness,” page 12-13, Date Accessed: 7/7, JS)

Returning to the matter of d…..to Lose Face. (Narayan, 1997, p. 141)

Reconceptualizing knowledge is key
Campbell, Griffith University, 9
(Fiona Kumari, 2009, “Contours of Ableism: The Production of Disability and Abledness,” page 14-15, Date Accessed: 7/7, JS)

Phenomenological studies……performance, to confer validity.

1AC - Plan

United States Supreme Court should invalidate Title 8 Code of Federal Regulations §241.14 as a violation of due process

1AC – Contention Four – Solvency

A Supreme Court ruling is necessary to narrow application of indefinite detention of "inadmissible or criminal aliens"
Cassidy 11, Associate Member, University of Cincinnati Law Review, 2011
(Kathleen, Associate Member, 2010-2011 University of Cincinnati Law Review, “comment and casenote: indefinite detention of specially dangerous removable aliens: hernandez-carrera v. Carlson and the importance of agency deference”, University of Cincinnati Law Review, Summer, 79 U. Cin. L. Rev. 1517)

Each branch of government …… criminal aliens" statute.

Clear Supreme Court precedent key to solve
Bramante 11, J.D. Candidate Case Western Reserve, 2011
(Andrew, J.D. Candidate, 2011, Case Western Reserve University School of Law, “Ending Indefinite Detention of Non-Citizens”, Case Western Law Review, Vol 61:3, http://law.case.edu/journals/LawReview/Documents/Bramante.pdf)

During the past ten years, ….. exploitation and prejudice.

Must intervene at the level of the bureaucratic and administrative process to challenge securitization
Bigo 2
Didier, Institut des Eundes politiques, Paris, “Security and Immigration: Toward a Critique of the Governmentality of Unease”, Alternatives 27, Special Issue, 63)

The distinction between state …..the management of unease.