Download or read book Removing Aliens from the United States written by Yule Kim and published by DIANE Publishing. This book was released on 2011-05 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Alien Removals and Returns written by Congressional Research Service and published by CreateSpace. This book was released on 2015-02-03 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Removing Aliens from the United States written by and published by . This book was released on 2008 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Crs Report for Congress written by Congressional Research Service: The Libr and published by BiblioGov. This book was released on 2013-10 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 ...
Download or read book Unauthorized Aliens in the United States written by Andorra Bruno and published by DIANE Publishing. This book was released on 2010-10 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book Expedited Removal of Aliens written by Congressional Service and published by Createspace Independent Publishing Platform. This book was released on 2018-10-10 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Impossible Subjects written by Mae M. Ngai and published by Princeton University Press. This book was released on 2014-04-27 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the origins of the "illegal alien" in American law and society, explaining why and how illegal migration became the central problem in U.S. immigration policy—a process that profoundly shaped ideas and practices about citizenship, race, and state authority in the twentieth century. Mae Ngai offers a close reading of the legal regime of restriction that commenced in the 1920s—its statutory architecture, judicial genealogies, administrative enforcement, differential treatment of European and non-European migrants, and long-term effects. She shows that immigration restriction, particularly national-origin and numerical quotas, remapped America both by creating new categories of racial difference and by emphasizing as never before the nation's contiguous land borders and their patrol. Some images inside the book are unavailable due to digital copyright restrictions.
Download or read book Yearbook of Immigration Statistics written by and published by . This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Removals Involving Illegal Alien Parents of United States Citizens written by Richard L. Skinner and published by DIANE Publishing. This book was released on 2009-08 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Removing Aliens from the United States written by and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Illegal aliens changes in the process of denying aliens entry into the United States report to congressional committees written by and published by DIANE Publishing. This book was released on with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Illegal Aliens written by United States. General Accounting Office and published by . This book was released on 1998 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Illegal Aliens written by Richard M. Stana and published by DIANE Publishing. This book was released on 2001-04 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 included provisions establishing an expedited removal (ER) process for dealing with aliens who attempt to enter the U.S. by engaging in fraud or misrepresentation or those who arrive with fraudulent, improper, or no documents. Aliens who are subject to ER and assert a fear of being returned to their home country or country of last residence are to be provided a credible fear (CF) interview. This CF interview identified aliens whose asylum claims have a possibility of succeeding. Recommends that INS reevaluate its policy for deciding when to release aliens who have a CF of persecution.
Download or read book State Criminal Alien Assistance Program written by and published by . This book was released on 1996 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Removal of Criminal and Illegal Aliens written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration and Claims and published by . This book was released on 1995 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
