ABSTRACT

Formal Removal Proceedings: An Introduction [Updated June 9, 2021]   [open pdf - 457KB]

From the Document: "The Fifth Amendment's Due Process Clause confers substantive and procedural protections to all persons within the United States, including non-U.S. nationals (aliens, as described in statute) whom the federal government seeks to remove. Once an alien has 'passed through our gates, even illegally,' the Supreme Court has declared, the alien 'may be expelled only after proceedings conforming to traditional standards of fairness encompassed in due process of law.' 'Shaughnessy v. Mezei', 345 U.S. 206 (1953). Against this backdrop, the Immigration and Nationality Act (INA) and implementing regulations provide a framework for the Department of Homeland Security (DHS) to seek the removal of aliens from the United States. Aliens targeted for removal in the interior of the United States are typically placed in proceedings under INA § 240. These 'formal' removal proceedings afford more robust procedural protections than the expedited removal process under INA § 235, which applies to aliens apprehended at or near the border who lack entry documents or have attempted to enter the country surreptitiously."

Report Number:
CRS In Focus, IF11536
Author:
Publisher:
Date:
2021-06-09
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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