AFFIRMATIVE DUTIES IN IMMIGRATION DETENTION.

The article examines the duty of the U.S. government to protect noncitizens in immigration detention. Topics discussed include the tendency of the case law in the area to tolerate ambiguity and inconsistencies, changes in the legal landscape caused by the lawsuits filed by immigrant detainees over confinement in overcrowded and inadequate conditions during the COVID-19 pandemic, and the use of the power to incarcerate in the duty to protect argument in the pandemic litigation.