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1 (February 28, 1997)

handle is hein.crs/crsaail0001 and id is 1 raw text is: 97-295 A February 28, 1997 Immigration: New Consequences of Illegal Presence Larry M. Eig Legislative Attorney American Law Division Summary EWIs as inadmissible aliens. Until the 104th Congress, an alien who entered surreptitiously was removable through deportation proceedings. However, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) (P.L. 104-132) made EWIs removable through exclusion proceedings, which are less favorable to the alien with respect to burden of proof and possible relief from removal. The AEDPA also potentially made EWIs subject to removal under new expedited exclusion proceedings, in which an alien's rights were even more circumscribed. IIRIRA continued the changes made in the AEDPA by making EWIs inadmissible aliens, the Act's term that corresponds to excludable under earlier law. IIRIRA further authorized the Attorney General to apply expedited removal procedures to EWIs who cannot show that they have been continuously present here for 2 years. Nevertheless, the Attorney General has declined to exercise this authority under proposed regulations. Congressional Research Service +* The Library of Congress CRS Report for Congress Received through the CRS Web The 104th Congress passed major legislation to combat illegal migration to the U.S. One purpose of this law, enacted as the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) (Division C of P.L. 104-208), is to establish new legal disincentives to reside in the U.S. illegally. The Immigration and Naturalization Service has estimated that 5 million aliens were residing here unlawfully as of October 1996. Of this estimated population, about three- fifths entered surreptitiously (called EWIs, for entered without inspection), and about two-fifths overstayed nonimmigrant visas (e.g., tourist visas). Employment appears to be the primary magnet, but there also are other motives for illegal residency. For example, spouses and children of legal immigrants, and certain relatives of citizens, may establish illegal residence to bypass long waiting lists for immigrant visas. The following are among the disabilities IIRIRA attaches to illegal presence. Some of these target both EWIs and visa overstayers, some target EWIs only:

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