A careful analysis of international law, constitutional law, and the statutory scheme leads to an inescapable conclusion: the detention of excludable aliens is permissible only for a reasonable period to determine excludability and to effect exclusion. Where this cannot be accomplished, the alien is entitled to be paroled in the U.S. or to be released to another country willing to accept the alien. Arguably, the U.S. may detain an alien if the alien is a threat to the citizens of the U.S. However, the Executive may not deprive an alien of liberty on these grounds without due process of law. These are the requirements of Federal law; when the Executive fails to respect this law, the courts should intervene. Only then will the Mariel Cubans and future immigrants similarly situated receive the basic human dignity to which all persons are entitled. 374 notes