General Category > Immigration/Border

Stop the Presses: Biden Administration to Partially Enforce the Law at the Border

(1/1)

rangerrebew:
Stop the Presses: Biden Administration to Partially Enforce the Law at the Border

“Certain family units” will be subject to expedited removal; here’s what that likely means, and why
By Andrew R. Arthur on July 28, 2021

In a late-evening press release on July 26, DHS announced that it would be placing “certain family units” (FMUs, adult migrants travelling with children) whom it cannot expel under Trump-era Title 42 orders into expedited removal proceedings. Stop the presses, because the Biden administration will actually “kind of” start enforcing the law at the border, but there is both more and less here than meets the eye.

First, some brief background.

Under section 235(b)(1) of the Immigration and Nationality Act (INA), aliens arriving in the United States with fraudulent documents or no documents at all (including aliens who enter illegally) are subject to “expedited removal”. That means that they can be quickly removed from the United States by DHS, without being ordered removed by an immigration judge (IJ).

There is an exception, however, for aliens who claim a fear of harm if they are sent home. Those aliens must be interviewed by an asylum officer to determine whether they have a “credible fear” of persecution.

https://cis.org/Arthur/Stop-Presses-Biden-Administration-Partially-Enforce-Law-Border

Navigation

[0] Message Index