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

1 1 (July 21, 2020)

handle is hein.crs/govdazj0001 and id is 1 raw text is: ~* or 101 ' Researh Service Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border Updated July 21, 2020 Before the Coronavirus Disease 2019 (COVID-19) pandemic, the past few years had seen a marked increase in the number of apprehensions of non-U.S. nationals (aliens) at the border seeking to unlawfully enter the country. But entry restrictions at the U.S.-Mexico border in response to the COVID-19 pandemic have significantly reduced the number of alien apprehensions. Border closures and emergency measures in other countries have also restricted the ability of some migrant caravans to reach the United States. Even so, there continues to be considerable attention concerning the treatment of alien without legal immigration status who arrive at or near the U.S.-Mexico border. This Legal Sidebar briefly examines the laws generally governing the admission and exclusion of aliens at the border, including the procedures for asylum seekers and the circumstances in which arriving aliens may be detained. The Sidebar also addresses special rules for the treatment of unaccompanied alien children (UACs), recent policy changes affecting the processing of aliens at the border, and legislative proposals that would alter the scope of protections for arriving aliens. Table 1 provides an overview of the existing laws governing the detention and removal process for aliens. General Statutory Framework Governing the Removal of Aliens The Immigration and Nationality Act (INA) establishes a number of avenues by which aliens can be denied entry or removed from the United States. Typically, when the Department of Homeland Security (DHS) seeks to remove an alien found in the interior of the United States, it institutes removal proceedings under INA §240. These formal proceedings are conducted by an immigration judge (IJ) within the Department of Justice's Executive Office for Immigration Review. Aliens are afforded a number of procedural protections in such proceedings. For example, the alien may be represented by counsel at his or her own expense, potentially apply for relief from removal (such as asylum), present testimony and evidence, and appeal an adverse decision to the Board of Immigration Appeals (BIA), the highest administrative body responsible for interpreting and applying U.S. immigration laws. Additionally, the alien may, as authorized by statute, seek judicial review of a final order of removal in the judicial circuit in which the removal proceedings were completed. DHS may (but is not required to) detain an alien during the pendency of formal removal proceedings, but may release the alien on bond or Congressional Research Service https://crsreports.congress.gov LSB10150 CRS LegMa Sideba Prepai-ed for Mernbei-s and Comrm ttees of Coqgr ss ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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