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1 1 (January 16, 2019)

handle is hein.crs/govydc0001 and id is 1 raw text is: Updated January 16, 2019 U.S. Immigration Laws for Aliens Arriving at the Border Introduction In recent years, the migrant population arriving at the U.S.- Mexico (Southern) border without legal immigration status has shifted from being comprised predominantly of Mexican adult economic migrants to being comprised primarily of Central American adults, family units (adults with at least one child under age 18), and unaccompanied children, many of whom seek asylum in the United States. How they are processed and what options they have for legal admission and residing lawfully in the United States depend on how they attempt to enter the United States, whether they are children and/or arrive in families, what country they originate from, and if they request asylum. Aliens (foreign nationals) who wish to enter the United States may request admission legally at a U.S. port of entry or may attempt to enter the United States illegally between ports of entry. The Department of Homeland Security (DHS) has broad discretion to detain aliens, including asylum seekers, during the pendency of removal proceedings that determine whether they are admissible or have other grounds to remain in the United States. Removal proceedings involve either a formal hearing before an immigration judge or a streamlined removal procedure (i.e., expedited removal) without hearings or significant review. Arriving foreign nationals who seek asylum (described below) may request it at a U.S. port of entry before an admissions officer with the DHS Customs and Border Protection (CBP) Office of Field Operations, or upon apprehension between U.S. ports of entry before an agent with CBP's U.S. Border Patrol. All aliens requesting asylum are entitled to an interview with an asylum officer to assess the credibility of their asylum claims. Illegal U.S. Entry Aliens entering the United States illegally face two types of penalties. First, the Immigration and Nationality Act (INA) establishes civil penalties for persons who are in the United States unlawfully (i.e., without legal status). These penalties apply to aliens who entered the United States illegally as well as those who entered legally but subsequently violated the terms of their admission, typically by overstaying their visa duration. Foreign nationals apprehended for such civil immigration violations are generally subject to removal (deportation) and placed in removal proceedings. Second, the INA establishes criminal penalties for (1) persons who are convicted of entering or attempting to enter the United States illegally between ports of entry, (2) eluding examination or inspection by immigration officers, or (3) attempting to enter or obtaining entry to the United States through fraud or willful misrepresentation (generally classified as a misdemeanor). In addition, the INA provides criminal penalties for persons who are convicted of unlawfully re-entering the United States after being removed from the country previously (generally classified as a felony). Foreign nationals apprehended for criminal immigration violations are subject to prosecution by the Department of Justice (DOJ) in federal criminal courts. Foreign nationals who attempt to enter the United States without authorization often do so between ports of entry on the U.S. border. If apprehended, they are processed and detained briefly by CBP and either transferred to the custody of another federal agency or placed directly into removal proceedings. Procedurally, removal proceedings occur after any criminal prosecution for illegal entry. CBP typically refers apprehended aliens to DOJ for criminal prosecution if they meet criminal enforcement priorities (e.g., child trafficking, prior felony convictions, multiple illegal entries). DOJ's U.S. Marshals Service then transports these individuals to DOJ criminal detention facilities for pre-trial detention. After they have been tried-and if convicted, served a criminal sentence-they are transferred to DHS Immigration and Customs Enforcement (ICE) custody and placed in immigration detention. ICE, which represents the government in removal hearings, then commences removal proceedings. Because children are not permitted in DOJ criminal detention with adults, prosecuting adults who cross the border illegally with their children poses unique challenges. Once DHS transfers an adult to DOJ custody, it generally treats accompanying minor children as unaccompanied alien children (UAC) and transfers them to the care and custody of the Department of Health and Human Services (HHS) Office of Refugee Resettlement (ORR) (see below). However, a California federal court ruled that if DHS separates families to enable the prosecution of adult illegal entrants, DHS is required to reunite the families after criminal proceedings conclude and any sentence is served. Unaccompanied Children Federal law contains distinct provisions for unaccompanied alien children, defined as (1) lacking lawful immigration status in the United States, (2) under age 18, and (3) without a parent or legal guardian in the United States or one available to provide care and physical custody. UACs are not subject to expedited removal. Instead, a UAC who immigration authorities determine to be subject to removal is generally placed in formal removal proceedings. DHS may permit a UAC to voluntarily return to his or her country in lieu of removal proceedings, but only if the UAC is a national or habitual resident of a contiguous country (i.e., Mexico and Canada), and (1) has not been, or is not at https://crsreports.cong

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