Detention under INA § 235(b): The Statutory Scheme and Strategies for Release

Immigration authorities have long invoked § 235(b) of the Immigration and Nationality Act (INA) to justify the detention of noncitizens entering the United States. The number of noncitizens detained under INA § 235(b), rather than the general detention provision, INA § 236(a), has increased exponentially in recent years. The reach of § 235(b) has extended even further under the second Trump administration, as the government seeks to subject more people to expedited removal and detention without