ABSTRACT

Department of Homeland Security's Nationwide Expansion of Expedited Removal [Updated June 30, 2020]   [open pdf - 657KB]

From the Document: "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, in which there is no hearing or further review of an administrative determination that the alien should be removed. Since the enactment of the expedited removal statute in 1996, expedited removal has been used primarily with respect to aliens who have either arrived at a designated port of entry or were apprehended near the border shortly after surreptitiously entering the United States. The Immigration and Nationality Act (INA), however, authorizes the Secretary of the Department of Homeland Security (DHS) to apply expedited removal more broadly to aliens in 'any part' of the United States who have not been admitted or paroled by immigration authorities, if those aliens have been physically present in the country for less than two years and either did not obtain valid entry documents or procured their admission through fraud or misrepresentation. In 2019, DHS issued notice that it was expanding the use of expedited removal to the full extent permitted under the INA. The expansion prompts significant questions concerning the relationship between the federal government's broad power over the entry and removal of aliens and the due process rights of aliens located within the United States. Recently, a federal appellate court upheld the expansion against a legal challenge seeking to stop its implementation."

Report Number:
CRS Legal Sidebar, LSB10336
Author:
Publisher:
Date:
2020-06-30
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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