Bush Administration Still Sabotaging Expedited Removal Law


Department of Homeland Security (DHS)
Secretary Michael Chertoff recently

announced
that the DHS would "expand"
expedited removal authority to cover the entire
Southwest border.

What Secretary Chertoff and his
public relations minions forgot to tell you: this
so-called "expansion" of the summary removal
provisions of Immigration Act Section 235(b) still
represents just a small fraction of the authority
expressly granted by Congress nine years ago.

This authority has been
scandalously left dormant because of an unbroken
sequence of federal government

nonfeasance,
uniting both the

Clinton
and Bush (43)
administrations.

The

DHS` press release
trumpeted:

"The
ER
[expedited
removal]
administrative process is aimed at
reducing the number of illegal aliens from countries
other than Mexico who have spent less than 14 days in
the United States and who are apprehended within 100
miles of the border."


"`Expanding Expedited Removal gives

Border Patrol
agents the ability to break the cycle
of illegal migration. The use of this authority will
allow DHS the ability to gain greater control of our
borders and to protect our country against the terrorist
threat,` stated

Secretary Chertoff.
`The Expedited Removal process
will rapidly return illegal aliens in the United States
to their country of origin while giving those seeking
protection the judicial process to pursue their claim
before an immigration judge.`”

Oh yeah?

I have been writing about the
expedited removal process of Immigration Act Section
235(b) even
before my

first article
was published on VDARE.com.

I`m a big fan of expedited removal
as an immigration law enforcement tool because it
actually physically deports illegal aliens who have no
business being in the United States
.

It also keeps border-jumpers and
visa over-stayers AWAY from the

permanent amnesty
candy store of immigration
benefits that is the Immigration Court system in the
Department of Justice`s Executive Office for Immigration
Review (EOIR).

Thousands of Border Patrol agents
and Immigration Inspectors across the country are
perfectly capable of determining whether or not an alien
has valid immigration status in the United States. 

But for about nine years now, they
have been prevented from doing their jobs: to summarily
remove illegal aliens to the fullest extent of the law –
Immigration Act Section 235(b), that is.

The current
Section 235(b) of the

Immigration and Nationality Act
was passed by
Congress along with amendments called the "Illegal
Immigration Reform and Immigrant Responsibility Act of
1996"
(IIRIRA). The IIRIRA legislation was signed by
President Clinton on September 30, 1996. It became
effective on April 1, 1997.

The legislation allowed for the
summary removal of illegal aliens found anywhere
in the United States—within two years of entering
illegally.  (It`s all there in Immigration Act
Section 235(b)(1)(A)(iii).)

And, contrary to the DHS press
release, applying expedited removal to "illegal
aliens from countries other than Mexico
,"

Section 235(b) as passed by Congress makes no such
exemption.

In other words, the Bush
Administration still isn`t fully implementing the law.

Immediately after passage, the
Clinton Administration, through then-INS Commissioner
Doris Meissner, and subsequently the Bush
Administration, shamelessly

mothballed
most of Section 235(b).  The Section
235(b) authority was only put into effect for
immigration inspectors at ports of entry, not for any
immigration officers in the interior of the country or
outside of airport buildings.

Five years later, in November,
2002, Attorney General John Ashcroft

announced
regulations to cover illegal aliens
arriving in the United States "at sea" under
Section 235(b). I

applauded
.

Then, on August 11, 2004, the DHS
announced regulations allowing the Border Patrol to
summarily remove illegal aliens found within 100 miles
of a land border…if discovered within two weeks of their
illegal entry. The game of "pass the border and
you`re home"
with illegal aliens had gotten harder,
but it continued.

This was still a very limited
implementation of the authority previously granted by
Congress.  Remember that the federal executive agencies
have the authority to summarily remove aliens found
anywhere in the United States— within two years of
entering illegally!

Back in

November, 2002
, I asked the question –

"So why
hasn`t the Attorney General
[now the

DHS
Secretary] applied
section 235(b)(1)(A)(iii) of the Act to as many
illegal aliens as possible, and put section 235(b) to
work doing what Congress intended it to do?

Lack of political will?
  Lack of personnel?
Inertia?"

Answer:  all of the above.

The federal government`s
nonfeasance in the face of the ongoing illegal alien
invasion of these United States is an unreported scandal
of enormous proportions. 

If Section 235(b) would have been
fully implemented as Congress intended, the INS could
have stopped

Beltway Sniper Malvo
instead of dutifully releasing
him to the streets to kill Americans while supposedly
waiting for his turn at an EOIR Immigration Court
hearing.

The only reason that Section 235(b)
is being grudgingly implemented as of late in tiny
pieces – now nine years after the fact – is that the
Bush Administration is starting to feel public pressure
to "do something" about illegal immigration.

God bless the

Minutemen
!

The bottom line:

summary deportation
, not federal litigation is the
key to actually physically removing foreign nationals
who have no legal immigration status in this country.
It`s the Holy Grail of immigration law enforcement.

Unfortunately even Section 235(b)
has its own built-in loophole to allow illegal aliens to
remain in the country and gain all of the benefits of
the EOIR Immigration Court system anyhow. 

The loophole is called the "credible
fear
"
process, where illegal aliens can say the

magic word: "asylum"
– and stop the expedited
removal process in its tracks.

The EOIR`s own

statistics
prove that the

"credible fear"
interview process is literally
nothing but a DHS Get Out Of Jail Free card. A ludicrous
93 to 99 percent of all aliens claiming a "credible
fear"
were granted the chance to avoid summary
removal, get

released from immigration custody
to

simply disappear,
or remain in the United States for
years of EOIR Immigration Court hearings and federal
court appeals.

So keep your eyes peeled for more
DHS deceptions and half-truths about expedited removal. 
There`s sure to be more to come.


Juan Mann [send him
email
] is a lawyer and the proprietor of

DeportAliens.com
.