Removing Aliens From The United States
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Removing Aliens From The United States
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Author : Yule Kim
language : en
Publisher: DIANE Publishing
Release Date : 2011-05
Removing Aliens From The United States written by Yule Kim and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05 with Law categories.
Aliens may be removed from the U.S. for a variety of reasons, such as having entered the country unlawfully, overstaying a visa, or committing a crime. Prior to removal, however, aliens usually have access to a removal hearing or some other form of adjudication that determines whether they are subject to removal. Congress has determined that review by the fed. courts will not be available with respect to certain types of removals, such as expedited removal orders, crime-related removals, etc. This report analyzes the jurisdictional issues in the Immigration and Nationality Act by focusing on the procedural mechanisms used to initiate judicial review and the reach of an Article III court¿s jurisdiction to review a removal order. A print on demand report.
Removing Aliens From The United States
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Author :
language : en
Publisher:
Release Date : 2008
Removing Aliens From The United States written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Deportation categories.
Aliens may be removed from the United States for a variety of reasons, such as entering into the country unlawfully, overstaying a visa, or committing a crime. Prior to removal, however, aliens usually have access to a removal hearing or some other form of adjudication that determines whether an alien is subject to removal. Although judicial review by a federal court of appeals of a removal order is generally available, Congress has denied the federal courts jurisdiction to review many types of removals, such as expedited removal orders, crime-related removals, discretionary determinations, and matters involving prosecutorial discretion.
Crs Report For Congress
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Author : Congressional Research Service: The Libr
language : en
Publisher: BiblioGov
Release Date : 2013-10
Crs Report For Congress written by Congressional Research Service: The Libr and has been published by BiblioGov this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10 with categories.
Aliens may be removed from the United States for a variety of reasons, such as entering into the country unlawfully, overstaying a visa, or committing a crime. Prior to removal, however, aliens usually have access to a removal hearing or some other form of adjudication that determines whether an alien is subject to removal. Although judicial review by a federal court of appeals of a removal order is generally available, Congress has denied the federal courts jurisdiction to review many types of removals, such as expedited removal orders, crime-related removals, discretionary determinations, and matters involving prosecutorial discretion. Jurisdictional issues related to removal are further complicated because of the constitutional requirement that some adequate substitute for habeas corpus be available for all removal orders. In order to satisfy this requirement, Congress specifically preserved the jurisdiction of the courts of appeals to review constitutional claims and questions of law for all removals, even those arising from an area where judicial review is generally barred. This report shall attempt to wend a way through the jurisdictional thicket created by the Immigration and Nationality Act (INA) by focusing on the procedural mechanisms used to initiate judicial review and the reach of an Article III ...
Alien Removals And Returns
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Author : Congressional Research Service
language : en
Publisher: CreateSpace
Release Date : 2015-02-03
Alien Removals And Returns written by Congressional Research Service and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-03 with Political Science categories.
The ability to remove foreign nationals (aliens) who violate U.S. immigration law is central to the immigration enforcement system. Some lawful migrants violate the terms of their admittance, and some aliens enter the United States illegally, despite U.S. immigration laws and enforcement. In 2012, there were an estimated 11.4 million resident unauthorized aliens; estimates of other removable aliens, such as lawful permanent residents who commit crimes, are elusive. With total repatriations of over 600,000 people in FY2013—including about 440,000 formal removals—the removal and return of such aliens have become important policy issues for Congress, and key issues in recent debates about immigration reform. The Immigration and Nationality Act (INA) provides broad authority to the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to remove certain foreign nationals from the United States, including unauthorized aliens (i.e., foreign nationals who enter without inspection, aliens who enter with fraudulent documents, and aliens who enter legally but overstay the terms of their temporary visas) and lawfully present foreign nationals who commit certain acts that make them removable. Any foreign national found to be inadmissible or deportable under the grounds specified in the INA may be ordered removed. The INA describes procedures for making and reviewing such a determination, and specifies conditions under which certain grounds of removal may be waived. DHS officials may exercise certain forms of discretion in pursuing removal orders, and certain removable aliens may be eligible for permanent or temporary relief from removal. Certain grounds for removal (e.g., criminal grounds, terrorist grounds) render foreign nationals ineligible for most forms of relief and may make them eligible for more streamlined (expedited) removal processes. The “standard” removal process is a civil judicial proceeding in which an immigration judge from DOJ's Executive Office for Immigration Review (EOIR) determines whether an alien is removable. Immigration judges may grant certain forms of relief during the removal process (e.g., asylum, cancellation of removal), and the judge's removal decisions are subject to administrative and judicial review. The INA also describes different types of streamlined removal procedures, which generally include more-limited opportunities for relief and grounds for review. In addition, two alternative forms of removal exempt aliens from certain penalties associated with formal removal: voluntary departure (return) and withdrawal of petition for admission. These are often called “returns.” Following an order of removal, an alien is inadmissible for a minimum of five years after the date of the removal, and therefore is generally ineligible to return to the United States during this time period. The period of inadmissibility is determined by the reason for and type of removal. For example, a foreign national ordered removed based on removal proceedings initiated upon the foreign national's arrival is inadmissible for five years, while a foreign national ordered removed after being apprehended within the United States is inadmissible for 10 years. The length of inadmissibility increases to 20 years for an alien's second or subsequent removal order, and is indefinite for a foreign national convicted of an aggravated felony. Absent additional factors, unlawful presence in the United States is a civil violation, not a criminal offense, and removal and its associated administrative processes are civil proceedings. As such, aliens in removal proceedings generally have no right to counsel (though they may be represented by counsel at their own expense). In addition, because removal is not considered punishment by the courts, Congress may impose immigration consequences retroactively. There were a record number of removals between FY2009 and FY2013, including 438,421 removals in FY2013.
Unauthorized Aliens In The United States
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Author : Andorra Bruno
language : en
Publisher: DIANE Publishing
Release Date : 2010-10
Unauthorized Aliens In The United States written by Andorra Bruno and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10 with Law categories.
Contents: (1) Introduction; (2) Demographics of Unauthorized Population: Period of Arrival; Region of Birth; States of Residence; Demographic and Family Characteristics; Labor Force Participation; (3) Current Law: Restrictions on Unauthorized Aliens: Inadmissibility; Removal; Penalties; U.S. Employment; Other Restrictions; Relief for Unauthorized Aliens: Cancellation of Removal; Adjustment of Status; Registry; Asylum; (4) Policy Options: Departure of Unauthorized Aliens: Removal; Attrition Through Enforcement; Legal Status for Unauthorized Aliens: Updating INA Provisions; Establishing New Mechanisms: Targeted Population; Establishing New Mechanisms: General Population; (5) Conclusion. Charts and tables.
Expedited Removal Of Aliens
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Author : Congressional Service
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2018-10-10
Expedited Removal Of Aliens written by Congressional Service and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-10 with categories.
The federal government has broad authority over the admission of non-U.S. nationals (aliens) seeking to enter the United States. The Supreme Court has repeatedly held that the government may exclude such aliens without affording them the due process protections that traditionally apply to persons physically present in the United States. Instead, aliens seeking entry are entitled only to those procedural protections that Congress has expressly authorized. Consistent with this broad authority, Congress established an expedited removal process for certain aliens who have arrived in the United States without permission. In general, aliens whom immigration authorities seek to remove from the United States may challenge that determination in administrative proceedings with attendant statutory rights to counsel, evidentiary requirements, and appeal. Under the streamlined expedited removal process created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and codified in Section 235(b)(1) of the Immigration and Nationality Act (INA), however, certain aliens deemed inadmissible by an immigration officer may be removed from the United States without further administrative hearings or review. INA Section 235(b)(1) applies only to certain aliens who are inadmissible into the United States because they either lack valid entry documents or have attempted to procure their admission through fraud or misrepresentation. The statute generally permits the government to summarily remove those aliens if they are arriving in the United States. The statute also authorizes, but does not require, the government to apply this procedure to aliens who are inadmissible on the same grounds if they have been physically present in the country for less than two years. As a matter of practice, however, immigration authorities have applied expedited removal in more limited fashion than potentially authorized by statute-in general, the process is applied strictly to (1) arriving aliens apprehended at a designated port of entry; (2) aliens who arrived in the United States by sea without being admitted or paroled into the country by immigration authorities, and who have been physically present in the United States for less than two years; or (3) aliens who are found in the United States within 100 miles of the border within 14 days of entering the country, who have not been admitted or paroled into the United States by immigration authorities. Nevertheless, expedited removal accounts for a substantial portion of the alien removals each year. And in January 2017, President Trump issued an executive order directing the Department of Homeland Security to expand expedited removal within the broader framework of INA Section 235(b)(1). The agency has yet to promulgate regulations implementing this directive. In some circumstances, however, an alien subject to expedited removal may be entitled to certain procedural protections before he may be removed from the United States. Unaccompanied alien children also are statutorily exempted from expedited removal. Given the streamlined nature of expedited removal and the broad discretion afforded to immigration officers, challenges have been raised contesting the procedure's constitutionality Reviewing courts have largely dismissed such challenges for lack of jurisdiction, or on the grounds that aliens seeking entry into the United States generally do not have constitutional due process protections. But such cases have concerned aliens arriving at the U.S. border or designated ports of entry, and such aliens may be entitled to lesser constitutional protections than aliens located within the United States. Expanding the expedited removal process to aliens located within the interior could compel courts to tackle questions involving 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.
Removing Aliens From The United States
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Author :
language : en
Publisher:
Release Date : 2008
Removing Aliens From The United States written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
General Procedural Framework for Judicial Review History Prior to the enactment of the Immigration and Nationality Act (INA) in 1952, federal district courts reviewed removal cases via the federal writ of habeas corpus, which is a procedural mechanism that allows federal district courts to review the legality of a person's detention.1 After the passage of the INA, the Supreme Court held that judic [...] The Antiterrorist and Effective Death Penalty Act (AEDPA), enacted in 1996, re-codified the petition for review mechanism in INA § 242.3 Hobbs Act The INA is the primary source for the bulk of the federal immigration laws, including the substantive law involving the removal of aliens from the United States. [...] However, when outlining the procedural framework for the judicial review of removal orders, the INA adopts the procedures found in Chapter 158 of Title 28 of the U. S. Code, also known as the Hobbs Act.4 The Hobbs Act, which governs the judicial review of a select group of administrative proceedings, 1 See generally, Henry Hart, The Power of Congress to Limit the Jurisdiction of the Federal Courts [...] Congressional Research Service 1 Removing Aliens from the United States: Judicial Review of Removal Orders gives exclusive jurisdiction to review all final administrative orders under its purview to the federal courts of appeals.5 This effectively channels most judicial review of removal orders to the courts of appeals and bypasses review by the federal district courts.6 The treatment of removal o [...] Congressional Research Service 5 Removing Aliens from the United States: Judicial Review of Removal Orders found subject to expedited removal even when found in the interior of the country;50 and challenges to the procedures and policies adopted by the Attorney General to implement INA § 235(b) expedited removal.51 No courts, including the courts of appeals, can issue declaratory, injunctive, or o.
Removal And Exclusion Of Foreign Nationals
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Author : Delia Gibson
language : en
Publisher: Nova Science Publishers
Release Date : 2015
Removal And Exclusion Of Foreign Nationals written by Delia Gibson and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Aliens categories.
The ability to remove foreign nationals (aliens) who violate U.S. immigration law is central to the immigration enforcement system. Some lawful migrants violate the terms of their admittance, and some aliens enter the United States illegally, despite U.S. immigration laws and enforcement. This book provides an overview of removing foreign nationals from the United States. It discusses immigration policies and issues on health-related grounds for exclusion; terrorist grounds for exclusion and removal of aliens; and the consequences of criminal activity for immigrants.
Removals Involving Illegal Alien Parents Of United States Citizens
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Author : Richard L. Skinner
language : en
Publisher: DIANE Publishing
Release Date : 2009-08
Removals Involving Illegal Alien Parents Of United States Citizens written by Richard L. Skinner and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08 with Social Science categories.
A report on detentions and removals involving U.S. citizen children and their parents among Immigration and Customs Enforcement¿s detention center population over the past 10 years. Covers: (1) the total number of aliens removed from the U.S.; (2) the number of instances in which one or both parents of a U.S. citizen child were removed; (3) the reason for the parents¿ removal; (4) the length of time the parents lived in the U.S. before removal; (5) whether the U.S. citizen children remained in the U.S. after the parents¿ removal; and (6) the number of days a U.S. citizen child was held in detention. The U.S. conducted 2,199,138 alien removals between FY's 1998 and 2007. These removals involved 108,434 parents of U.S. citizen children. Illustrations.
Immigration Policy On Expedited Removal Of Aliens
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Author :
language : en
Publisher:
Release Date : 2006
Immigration Policy On Expedited Removal Of Aliens written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
Expedited removal, an immigration enforcement strategy originally conceived to operate at the borders and ports of entry, is being expanded, raising a set of policy, resource, and logistical questions. Expedited removal is a provision under which an alien who lacks proper documentation or has committed fraud or willful misrepresentation of facts may be removed from the United States without any further hearings or review, unless the alien indicates a fear of persecution. Congress added expedited removal to the Immigration and Nationality Act (INA) in 1996, making it mandatory for arriving aliens, and giving the Attorney General the option of applying it to aliens in the interior of the country who have not been admitted or paroled into the United States and who cannot affirmatively show that they have been physically present in the United States continuously for two years. Until recently, expedited removal was only applied to aliens at ports of entry. Several bills introduced in the 109th Congress (e.g., H.R. 4437, S. 2611/S. 2612) would mandate the expansion of expedited removal. Proponents of expanding expedited removal point to the lengthy procedural delays and costs of the alien removal process. They cite statistics that indicate that the government is much more successful at removing detained aliens (aliens in expedited removal must be detained) than those not detained. They argue that aliens who entered the country illegally should not be afforded the due process and appeals that those who entered legally are given under the law. They point to the provision added to INA in 1996 that clarified that aliens who are in the United States without inspection are deemed to be "arriving" (i.e., not considered to have entered the United States and acquired the legal protections it entails). Advocates for requiring mandatory expedited removal maintain that it is an essential policy tool to handle the estimated 10.4 million unauthorized aliens in the United States as of 2004. Opponents of the expansion of mandatory expedited removal to the interior argue that it poses significant logistical problems, and cite increased costs caused by mandatory detention and the travel costs of repatriation. They also express concern that apprehended aliens will not be given ample opportunity to produce evidence that they are not subject to expedited removal, and argue that expedited removal limits an alien's access to relief from deportation. Some predict diplomatic problem if the United States increases repatriations of aliens who have not been afforded a judicial hearing. The Bush Administration is taking a an incremental approach to expanding expedited removal. From April 1997, to November 2002, expedited removal only applied to arriving aliens at ports of entry. In November 2002, it was expanded to aliens arriving by sea who are not admitted or paroled. Subsequently, in August 2004, expedited removal was expanded to aliens who are present without being admitted or paroled, are encountered by an immigration officer within 100 air miles of the U.S. southwest land border, and can not establish to the satisfaction of the immigration officer that they have been physically present in the United States continuously for the 14-day period immediately preceding the date of encounter. In January 2006, expedited removal was reportedly expanded along all U.S. borders. This report will be updated.