What must happen to inadmissible aliens according to INA 235?

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According to the Immigration and Nationality Act (INA) Section 235, when individuals are determined to be inadmissible aliens, the law requires that they must be detained until a hearing. This procedure is part of ensuring that due process is upheld, as a hearing provides an opportunity for the individual to present their case and for the government to assess their status.

Inadmissibility can arise from various factors, such as criminal history, health-related issues, or violations of immigration law. To effectively manage the situation, the law provides for the detention of these individuals rather than immediate deportation or release. This detention allows for proper legal proceedings to take place, which is crucial for both the protection of the individual's rights and the enforcement of immigration laws.

This process also prevents individuals who may have legitimate claims, such as fear of persecution in their home countries, from being rapidly expelled before they have the chance to seek asylum or contest their inadmissibility. Therefore, the requirement to detain inadmissible aliens underscores the importance of judicial review in the immigration process.

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