What is one specific instance where a special agent can detain a non-citizen certified by the AUSA?

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The situation where a special agent can detain a non-citizen certified by the Assistant United States Attorney (AUSA) pertains to cases where there is a determination of the individual being involved in terrorism-related activities. When a non-citizen is identified as a terrorist or a threat to national security, the AUSA can provide the necessary legal certification allowing law enforcement, including special agents, to detain that individual. This action is critical for public safety and national security, and it underscores the legal authority granted to special agents in such serious instances.

In contrast, minor immigration violations may be addressed through alternative measures and do not typically warrant detention under AUSA certification. Overstaying a visa often results in civil consequences rather than detention and does not involve AUSA certification. Additionally, expressing intent to seek asylum is a protected legal right and would require a careful legal process rather than immediate detention. Understanding the specific legal context and seriousness of terrorism-related cases illustrates why the certification by the AUSA stands as a critical element in the detention process.

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