toomuchtime_
Gold Member
- Dec 29, 2008
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- #61
Not true. Expedited removal has been on the books since 1996.Every single person inside our borders gets due process.
Expedited removal is a procedure established by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) that allows a Department of Homeland Security (DHS) official to summarily deport (remove) an individual without a hearing before an immigration judge or review by the Board of Immigration Appeals (BIA).
Under 8 USC 1225(b)(1), an alien (anyone who is not a U.S. citizen or national) can be subject to "expedited removal" from the United States under the following general conditions:
- The alien is inadmissible under either of the following two provisions:
… and
- Material misrepresentations, fraud, and false claims to U.S. citizenship (a ground for deportation under INA 212(a)(6)(C) [8 USC 1182(a)(6)(C)] ; or
- Lack of valid entry documents (a ground for deportation under INA 212(a)(7) [8 USC 1182(a)(7)])
- The alien is either:
Since DHS can do this directly without a hearing with an immigration judge, individuals who are placed in expedited removal have less access to full due process. Deportable individuals not subject to expedited removal would have to be placed in standard removal proceedings before an immigration judge.
- "Arriving in the United States" or
- The alien is present anywhere in the United States without having been admitted or paroled into the United States (i.e., entered the U.S. without inspection) less than two years immediately prior to the date of the determination of inadmissibility under this provision.
DHS Expands Expedited Removal Policy
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