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1 1 (May 10, 2019)

handle is hein.crs/govzpx0001 and id is 1 raw text is: S Congressiona RResearch Service Informing the legislative debate since 1914 Attorney General Rules that Unlawful Entrants Generally Must Remain Detained While Asylum Claims Are Considered May 10, 2019 Non-U.S. nationals (aliens) apprehended by immigration authorities when attempting to unlawfully enter the United States are generally subject to a streamlined, expedited removal process and must be detained while awaiting removal. But in the event that an alien is found to have a credible fear of persecution if returned to his or her home country, the alien will be placed in full-scale, formal removal proceedings where that alien may seek asylum or similar relief from removal. For many years, immigration authorities had construed governing statutes and regulations to provide that, when an alien apprehended between ports of entry and initially screened for expedited removal was placed in formal removal proceedings following a credible fear determination, that alien could seek bond and potentially be released from custody during the pendency of those proceedings. On April 16, 2019 in Matter oJM-S-, however, Attorney General (AG) William Barr reversed this position, ruling instead that aliens apprehended between ports of entry and placed in formal removal proceedings following a credible fear determination remain ineligible for bond. (Though responsibility for administering federal immigration laws is divided among multiple agencies, the AG's rulings with respect to questions of law are controlling upon those agencies.) The AG based his ruling, in part, on the Supreme Court's 2018 decision in Jennings v. Rodriguez, which interpreted provisions of the Immigration and Nationality Act (INA) to mandate the detention without bond of aliens initially screened for expedited removal who are placed in formal removal proceedings following a credible fear determination. Despite the AG's ruling, the Department of Homeland Security (DHS) retains the authority to release, in its discretion, such aliens on parole pending the outcome of their formal removal proceedings. This Sidebar explores the relevant statutes and regulations governing expedited removal and the detention of aliens placed in formal removal proceedings, including how the AG's ruling in Matter ofM-S- modified immigration authorities' prior interpretation of these legal authorities. The Sidebar further discusses the impact of the AG's decision, and the relevance of the AG's decision to Congress. Congressional Research Service https://crsreports.congress.gov LSB10297 CRS Legal Sidebar Prepared for Members and Committees of Congress

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