Immigration Article of the Day: Words and Bond: Detention Under the Immigration and Nationality Act by Peter Margulies

Kevin R. Johnson

29 Mar 2026 — 1 min read

Words and Bond: Detention Under the Immigration and Nationality Act by Peter Margulies

Abstract

Expanded immigration detention has been a pillar of Trump 2.0 policy. Immigration officials are shifting from what this Article calls a tribunal-centered approach, in which an Immigration Judge within the Department of Justice determines bond, to an enforcement-centered approach, in which ICE has the final word, releasing a noncitizen only if it grants a petition for parole. The shift to an enforcement-centered model has ratcheted up the detained population. Trump 2.0 officials have sought to eliminate access to bond for the large number of noncitizens who at any point in recent decades entered the United States surreptitiously, without inspection by immigration officials. In addition, officials have sought to displace ongoing hearings before Immigration Judges, in which noncitizens have a panoply of procedural rights, with the summary process of expedited removal. Officials have also sought to revoke parole, sometimes providing no reasons except for a generic preference for detention. This Article counters that enforcement-centered agenda with a tribunal-centered model that focuses on the text, structure, and history of the Immigration and Nationality Act (INA), along with past practice. Under this model, Immigration Judges should determine whether to release a noncitizen, unless the statutory scheme clearly confers that power on others. Building on recent Supreme Court precedent and established methods of statutory interpretation, the Article shows that Trump 2.0 officials’ view of the INA departs from Congress’s plan.

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Associated Press: ICE officer shoots a man while making an arrest in New York, officials say

Immigration Article of the Day: Sanctuary and the Data State by Fatma Marouf & Huyen Pham

In an anti-fraud measure, U.S. government freezes Microsoft, Adobe, Infosys lawful permanent resident applications

Human Rights Watch: "To Scare People": US Expulsions of Third-Country Nationals to Countries in Africa