Detention Pending Removal INA §§ 235(b), 236, 236A, 241 Policy: Pros: (1) admissibility is in doubt; (2) risk of flight; (3) ensure departure; (4) protecting the public Cons: (1) cost; (2) restraint on personal liberty Detention Scheme Exceptions witness protection/cooperation, individual is not flight risk. 241(a)(1): 90 day rule period during which DHS has […]
Immigration and National Security The “Foreign Policy” and “Terrorism” Grounds (1211-1223 (skim), 1223-1243) INA §§ 212(a)(3), 212(d), 237(a)(4) Post-1990 History of Current INA Provisions(see below for provisions as currently enacted after all these changes – this is to show evolution) 1990 Act: Revised and streamlined the various foreign policy exclusion and deportation grounds. Required […]
Relief from Deportation INA §§ 240A, 240B Cancellation Cancels the removal order and reinstates you as LPR w/out a record pre-1996: AG had authority to suspend deportation when there was serious economic detriment to immediate family. Congress could disapprove and mandate deportation. 1988: deleted Congressional participation available to all as long as the following […]
The Deportation Power Constitutionally protected liberties The Bill of Rights protects noncitizens in cases NOT involving direct challenges to deportability grounds. You CAN be deported for exercising your rights. ☹ Harisiades v. Shaughnessy (1952) – SC rejects 1st Am challenge to the Palmer Raids and deportation based on Communist Party membership. But you have to […]
Deportability Constitutional Limits on Deportability Preliminary: Definition of Deportation (INA 237) Only applies to those who’ve been admitted Removal Proceedings: Exclusion and Deportation proceedings are all in one proceeding even though in two separate sections of the INA, so have same procedural protections Consequences: if your case is adjudicated, and you are deported and removed, […]
Due Process Requirements Knauff Alien is excludable by AG Alien seeking to get in is seeking a privilege, not a right Whatever AG decides is not w/I the province of the courts to review; no delegation problem b/c is a power of the executive (Fong Yue Ting) – extreme stmt of exec power AG’s basis […]
Admissions Procedures Admissions Procedures The dual inadmissibility screening – you’re evaluated when the visa is issued in your home country, and then can be deemed inadmissible upon arrival at the U.S. Border officials are NOT bound by the decisions of the consular offices, including for how long your visa was issued (they can give you […]
Inadmissibility – INA § 212(a) The Death of Fleuti Fleuti (1963) said if an LPR had an “innocent, casual and brief” absence from the U.S., his return was not seeking admission (and he gets max due process). Post-1996, this is not true – no matter the absence, even an LPR is seeking admission every time […]
Six Major Categories of Inadmissibility: Health § 212(a)(1): Communicable diseases of public health significance as determined by Health and Human Services. Currently 8. TB, Leprosy, controversially HIV). Mental or behavioral illness threatening to public safety, drug abusers. Also, vaccination requirements. Note: fraud an issue- no blood tests at ports of entry. Criminal Grounds § 212(a)(2): […]
Inadmissibility: Crimes, Immigration Control, Fraud (427-31, 432-34, 442-43) INA§212(a) Once you fall into a qualify category for a visa must still avoid determination of admissibility under INA § 212(a). Possible opportunities to be assessed as inadmissible: Consular official abroad Inspector at port of entry (BCBP) In US, adjusting status to LPR, must be “admissible” […]
