Designating Aliens for Expedited Removal

[mahatmakanejeeves]

Source: Homeland Security Department

Designating Aliens for Expedited Removal
An unpublished Notice by the Homeland Security Department on 07/23/2019

https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-15710.pdf

This document is scheduled to be published in the
Federal Register on 07/23/2019 and available online at
https://federalregister.gov/d/2019-15710, and on govinfo.gov

9110-9M
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[DHS Docket No. DHS-2019-0036]
Designating Aliens for Expedited Removal
AGENCY: Office of the Secretary, Department of Homeland Security.
ACTION: Notice.
SUMMARY: This Notice (this Notice) enables the Department of Homeland Security (DHS) to
exercise the full remaining scope of its statutory authority to place in expedited removal, with
limited exceptions, aliens determined to be inadmissible under sections 212(a)(6)(C) or (a)(7) of the
Immigration and Nationality Act (INA or the Act) who have not been admitted or paroled into the
United States, and who have not affirmatively shown, to the satisfaction of an immigration officer,
that they have been physically present in the United States continuously for the two-year period
immediately preceding the date of the determination of inadmissibility. Presently, immigration
officers can apply expedited removal to aliens encountered anywhere in the United States for up to
two years after the alien arrived in the United States, provided that the alien arrived by sea and the
other conditions for expedited removal are satisfied. For aliens who entered the United States by
crossing a land border, the Secretary of Homeland Security has exercised his discretion under the
INA to permit the use of expedited removal if the aliens were encountered by an immigration
officer within 100 air miles of the United States international land border and were continuously
present in the United States for less than 14 days immediately prior to that encounter. The INA
grants the Secretary of Homeland Security the "sole and unreviewable discretion" to modify at any
time the discretionary limits on the scope of the expedited removal designation. The Acting
This document is scheduled to be published in the
Federal Register on 07/23/2019 and available online at
https://federalregister.gov/d/2019-15710, and on govinfo.gov
2
Secretary of Homeland Security is exercising his statutory authority through this Notice to designate
for expedited removal the following categories of aliens not previously designated: (1) aliens who
did not arrive by sea, who are encountered anywhere in the United States more than 100 air miles
from a U.S. international land border, and who have been continuously present in the United States
for less than two years; and (2) aliens who did not arrive by sea, who are encountered within 100 air
miles from a U.S. international land border, and who have been continuously present in the United
States for at least 14 days but for less than two years. Therefore, the designation in this Notice (the
New Designation) harmonizes the authorization for aliens arriving by land with the existing
authorization for aliens arriving by sea. The effect of that change will be to enhance national
security and public safety--while reducing government costs--by facilitating prompt immigration
determinations. In particular, the New Designation will enable DHS to address more effectively
and efficiently the large volume of aliens who are present in the United States unlawfully, without
having been admitted or paroled into the United States, and ensure the prompt removal from the
United States of those not entitled to enter, remain, or be provided relief or protection from removal.
DATES: This Notice, including the New Designation, is effective on [INSERT DATE OF
PUBLICATION IN THE FEDERAL REGISTER]. Interested persons are invited to submit written
comments on this Notice on or before [INSERT DATE 60 DAYS AFTER PUBLICATION IN THE
FEDERAL REGISTER].
....

Read more: https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-15710.pdf

---

What this means is that you have sixty days to comment. You can't comment yet, because the Notice hasn't been published yet. Once it has been published, go to https://www.regulations.gov/and enter DHS-2019-0036. That will take you to the docket.

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Also see:

https://www.federalregister.gov/documents/2019/07/23/2019-15710/designating-aliens-for-expedited-removal

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Hat tip, commenter Ragnar Lothbrok, at Joe.My.God:

https://www.joemygod.com/2019/07/trump-calls-female-democrats-racist-troublemakers/

Ragnar Lothbrok 39 minutes ago
Always more

BREAKING: Expedited removal to be expanded to apply everywhere within the U.S. (not just 100-mile border zone) and to anyone not in the U.S. more than two years. Federal Reg Notice will be published tomorrow. https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-

Link to tweet

If I'm reading this PDF correctly?
1. ANYONE in the US who came by sea or air having expired Visa, ANY types of visa etc, refugee status, is subject to "examination"
2. 100 mile border limit checks are still in place.

We've reached the "Show Me Your Papers" part.

Link to tweet

[SunSeeker]

1. "Unpublished notice" is an oxymoron.

But SO Trump Administration like.

[alwaysinasnit]

2. Continuing attacks on due process.

https://www.americanimmigrationcouncil.org/research/primer-expedited-removal

This is from 2017 but today's announcement means an expansion of categories for expedited removal.



President Trump’s January 25, 2017, executive order directs the Department of Homeland Security (DHS) to dramatically expand the use of “expedited removal.” Created in 1996, expedited removal is a process by which low-level immigration officers can quickly deport certain noncitizens who are undocumented or have committed fraud or misrepresentation. Since 2004, immigration officials have used expedited removal to deport individuals who arrive at our border, as well as individuals who entered without authorization if they are apprehended within two weeks of arrival and within 100 miles of the Canadian or Mexican border.

One of the major problems with expedited removal is that the immigration officer making the decision virtually has unchecked authority. Individuals subject to expedited removal rarely see the inside of a courtroom because they are not afforded a regular immigration court hearing before a judge. In essence, the immigration officer serves both as prosecutor and judge. Further, given the speed at which the process takes place, there is rarely an opportunity to collect evidence or consult with an attorney, family member, or friend before the decision is made.

Such a truncated process means there is a greater chance that persons are being erroneously deported from the United States, potentially to imminent harm or death. Moreover, individuals who otherwise might qualify for deportation relief if they could defend themselves in immigration court are unjustly deprived of any opportunity to do so. Yet expedited removal has been increasingly applied in recent years; 44 percent of all removals from the United States were conducted through expedited removal in Fiscal Year (FY) 2013, the most recent government data available. A dramatic expansion, as directed by President Trump, might result in thousands of additional deportations without due process.

...