About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (March 25, 2022)

handle is hein.crs/govehgu0001 and id is 1 raw text is: Congressional Research Service Inforrning the legisiathve debate since 1914 Updated March 25, 2022 Expedited Removal of Aliens: An Introduction Non-U.S. nationals (aliens) who do not meet requirements governing their entry or continued presence in the United States may be subject to removal. The Immigration and Nationality Act (INA) establishes different removal processes for different categories of aliens. Most removable aliens apprehended within the interior of the United States are subject to formal removal proceedings under INA § 240. Aliens in these proceedings are given certain procedural guarantees including the rights to counsel, to appear at a hearing before an immigration judge (IJ), to present evidence, and to appeal an adverse decision. The INA, however, sets forth a streamlined expedited removal process for certain arriving aliens and aliens who recently entered the United States without inspection. This In Focus provides a brief introduction to the expedited removal framework. For a more detailed discussion, see CRS Report R45314, Expedited Removal of Aliens: Legal Framework, by Hillel R. Smith. Statutory Frarmework an d Current rplermentation The expedited removal process, created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, is codified in INA § 235(b)(1). The statute permits the Department of Homeland Security (DHS) to summarily remove aliens arriving at a designated U.S. port of entry (arriving aliens) without further hearing or review if they are inadmissible either because they (1) lack valid entry documents, or (2) tried to procure their admission into the United States through fraud or misrepresentation. INA § 235(b)(1) also authorizes-but does not require-DHS to extend application of expedited removal to certain other aliens inadmissible on the same grounds if they (1) were not admitted or paroled into the United States by immigration authorities and (2) cannot establish at least two years' continuous physical presence in the United States at the time of apprehension. Immigration authorities have implemented expedited removal mainly for three overarching categories of aliens who lack valid entry documents or attempted to falsely procure admission: 1. arriving aliens (defined by regulation as aliens arriving at U.S. ports of entry); 2. aliens who entered the United States by sea without being admitted or paroled into the United States, and who have been in the country less than two years; and 3. aliens apprehended within 100 miles of the U.S. border within 14 days of entering the country, and who have not been admitted or paroled. Most aliens subject to expedited removal have thus been apprehended either at a designated port of entry or near the international border when trying to enter, or shortly after entering, the United States unlawfully between ports of entry. Exceptions to Expedited Removal An alien subject to expedited removal typically will be ordered removed without further hearing or the ability to contest a removal determination. Exceptions exist for certain categories of aliens. Credible Fear Determinations An alien otherwise subject to expedited removal who expresses an intent to apply for asylum or a fear of persecution if returned to a particular country is entitled to administrative review of that claim before being removed. INA § 235(b)(1) instructs that the examining immigration officer must refer the alien for an interview with an asylum officer to determine whether the alien has a credible fear of persecution or torture. A credible fear determination is a screening process that evaluates whether an alien might qualify for one of three forms of relief from removal: asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Asylum is the only form of relief that gives the alien a permanent legal foothold in the United States. The credible fear determination is not intended fully to assess the alien's claims, but only to determine whether they are sufficiently viable to warrant more thorough review. An alien who shows a credible fear of persecution is placed in formal removal proceedings rather than expedited removal. There, the alien may pursue applications for asylum, withholding of removal, and CAT protection. If an asylum officer determines that an alien does not have a credible fear of persecution, the alien may request review of that determination before an IJ. If the IJ concurs with the negative credible fear finding, the alien will be subject to expedited removal. If the IJ finds that the alien has a credible fear of persecution, the IJ will vacate the asylum officer's determination and the alien will be placed in formal removal proceedings. Aliens Who Ca'r to Be U.S. Citizens, Lawful Permanent Residents, Refugees, or Persons Granted Asylum INA § 235(b)(1) creates an exception to expedited removal procedures for an alien who claims to be either a U.S. citizen, lawful permanent resident (LPR), admitted refugee, or asylee. Under implementing regulations, an immigration

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most