INS Announces Notice Concerning Expedited Removal
US Department of Justice
Immigration and Naturalization Service
The Immigration
and Naturalization Service (INS) remains committed to
ensuring that all aliens are treated humanely and fairly
under the law. The arrival of the smuggling vessel on
Key Biscayne in South Florida on October 29 underscores
the need to do so. In that incident, 211 Haitians and 3
Dominicans came ashore illegally, which raises concerns
about a dangerous mass migration by sea that could cost
many lives.
As a nation that respects
human rights and human life, it is essential that we
address this situation fairly and with an eye toward
deterring dangerous, unsafe voyages to the United
States. In 1996, the Congress enacted expedited removal
procedures and authorized the Commissioner of the
Immigration and Naturalization Service to designate any
group of individuals for placement in expedited removal
proceedings.
Therefore, we are publishing
in the Federal Register a notification that from the
date of publication forward, all individuals who arrive
illegally by sea will be placed in expedited removal
proceedings and during their legal process will remain
in detention at the discretion of the Immigration and
Naturalization Service and Department of Justice. The
decision announced today is not a change in policy but a
continuation of recent policies and the activation of
pre-existing authority. While expedited removal will be
applied from today forward, our policy of deterring mass
migration has led us to seek the continued detention of
the migrants arriving on the October 29 vessel as well.
Cuban nationals are subject to the 1966 Cuban Adjustment
Act and will continue to be processed consistent with
that law.
In expedited removal
proceedings, under U.S. law, even if an individual
establishes a credible fear of persecution, the Attorney
General and the INS Commissioner retain the authority to
detain individuals without bond while their immigration
hearings and any appeals take place. Individuals may be
released for humanitarian reasons at the discretion of
the Immigration and Naturalization Service.
The United States government
continues to believe, based on information received from
a variety of federal agencies, that the detention of
these aliens has significant implications for the
national security. These concerns focus on two areas.
First, there is evidence that shows the government's
legitimate concern that the release of aliens who arrive
illegally by sea may increase future mass migrations by
sea, and the potential for death and injury to those
attempting to migrate.
Second, key resources of the
Coast Guard and Department of Defense would be diverted
from the primary mission of protecting the homeland and
fighting the war on terrorism. Any message that may
encourage a mass migration and detract federal resources
from our homeland defense is unacceptable. Rumors of
successful entry into the United States have fueled
recent migration surges, and any perception of a
relaxing in U.S. immigration policy could cause future
migrations by sea.
The assessment of the U.S. is
that releasing these aliens would encourage additional
illegal migration. Such a surge in migration threatens
our national security as well as the safety of these
smuggled aliens. This policy is not based on any
specific nationality, but rather by the clear threat
posed by a mass migration. Finally, it must be
underscored that many of these individuals are brought
to the U.S. as part of illegal smuggling operations. Any
actions by the government, including the release of
these individuals, may be interpreted by the smugglers
as a victory and encourage further criminal smuggling
activity.
In order to provided
widespread notice of this policy as it pertains to
irregular arrival at sea, we are publishing in the
Federal Register a notification that in the future
individuals coming to the United States illegally by sea
will be placed in expedited removal proceedings.
November 11, 2002 |
