Sentenced to Purgatory: The Indefinite Detention of Mariel Cubans (Comment)

This comment will demonstrate that the indefinite detention of Cuban immigrants is punishment. Thus, INS is acting outside its scope of delegated authority and violating the constitutional rights of immigrants who are subjected to a criminal sanction. To prevent the unconstitutional punishment of detained Cuban aliens by INS, this comment proposes that Congress create a mandatory and uniform system of procedural due process modeled after the procedural due process system established by the Kansas Legislature in the Kansas Sexually Violent Predator Act of 1994 (Act). The procedural due process system in the Act is designed to protect the rights of sex offenders who after completing their criminal sentences are then civilly detained for an indeterminate length of time for further psychiatric treatment