dChan - Q Origins Project Archive

DESIGNATING ALIENS FOR EXPEDITED REMOVAL

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

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

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.