DHS Deceptive On Expedited Removal—And Paralyzed By Bureaucratic Battling

The public relations campaign launched by the post-9/11 Federal immigration
bureaucracy—specifically the Department of Homeland
Security (DHS)
and its

Customs and Border Protection
division—conceals a scandalous reality: immigration
non-enforcement and an agency-wide kicking-and-screaming
reluctance to actually implement
summary removal authority granted by Congress almost
ten years ago.

But that`s only the beginning.  Reports from the field tell of

institutionalized malaise

bureaucratic infighting,
which persist long after
the much-criticized Immigration and Naturalization
Service (INS) was abolished.

Considering that summary removal is so vitally important for immigration
law enforcement—see my
Absolutely Definitive Essay on the subject—the DHS
disinformation on expedited removal at the border is

Consider the following:

  • The

    latest announcement
    on January 30 by the DHS
    that the federal government now "Streamlines
    Removal Process Along Entire U.S. Border"
    says nothing about the actual history of
    expedited removal under

    Section 235(b)

    of the Immigration and Nationality Act.

  • But 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"
    legislation was signed by President Clinton on
    September 30, 1996. It became effective on April 1,

  • This allows for the summary
    removal of illegal aliens found anywhere in
    the United States—within two years of
    entering illegally(It`s all right there in
    Immigration Act

    Section 235(b)(1)(A)(iii)
    .)  It`s just never
    been implemented. So much for the DHS`

    press releases

  • Unfortunately, as I`ve written
    again and

    , the much loved (by real immigration
    reformers) but hated and feared (by the

    Treason Lobby
    ) immigration bill, H.R. 4437,
    passed last year by the House of Representatives,
    actually undercuts the

    1996 expedited removal authority
    already on the
    books. It only allows the summary removal of illegal
    aliens found within 100 miles of a land border
    within 14 days of entry…the same standard already
    implemented in

    limited regulations
    by the DHS.

But that`s not all, folks.

Although the
Clinton/ Bush Administrations
have implemented
only a fraction of the
summary removal authority that has existed since 1997,
the immigration bureaucracy has thrown up even more
roadblocks against

expedited removal
  and the accompanying "credible
review process.

Out of longstanding bureaucratic inertia, the

and the

Immigration Inspectors
stationed at border ports of
entry (POEs) and the

U.S. Border Patrol
are engaged in a game of "hot
with illegal aliens.

I just received some
interesting information on this issue from a

VDARE.com reader.  Here`s
the report . . . hot off the press and straight
from the front lines of the border
via e-mail on February 21:

"In the
past, if an

[an alien `other
than Mexican
] arrived to the POE [port
of entry] from the north, we would call Border Patrol
and they would pick them up for processing.  Now, any
OTM that arrives to the POE, no matter how they cross
into the U.S., is to be processed by the POE.  All OTMs,
except El Salvadorans, are to be ER`d
"expedited removal"] under Immigration Act Section
235(b)] and detained until removal.  El Salvadorans will
be NTA`d
[issued charting documents for EOIR
Immigration Court called `notices to appear`] and
served with Orantes rights,


decision was based on Cold War
politics; there was a

guerilla war

going on in El Salvador in the
1980s. But the Cold War has been over for some time,
even in El Salvador
I-217 & I-862. If there is no

space in detention
they will be released.

This is obviously more efficient.

legacy Immigration Inspectors are happy for the chance
to do their jobs, the one they`ve trained for.  However,
the legacy customs management is quite upset.  It seems
they do not want to do immigration work.  As I told you
in the past, legacy customs management does not play
well with the Border Patrol (BP), actually they hate
them.  They are trying to do anything they can to get
the decision reversed.

reader provided an example:

evening, nine OTMs showed up at a POE.
OTM illegals

regularly surrender
and claim asylum because know
that the EOIR process will let them stay in the U.S.
while their request is being processed]. This group
consisted of two adult females and seven children.  It
was cold, rainy and windy.  These people were also a
little hungry.  A legacy Customs supervisor, GS-12
instructed this group to go back out on the street,
head towards a certain area and flag down a BP vehicle.

[VDARE.COM emphasis]
A Legacy Immigration GS-13 says, without really saying
it or mentioning names, that the Customs supervisor did
this by orders of another Customs GS-14.

[the aliens] found the BP.  The

BP agents
took them to the station for processing. 
During processing, the adults informed BP that they were
at the POE and were told to go back out on the street
and find a BP vehicle.  Well, as you can imagine, BP is
very upset about this.  I understand that OIG
Office of Inspector General] was informed."

This is not the difference between
being deported and staying. Apparently, the

former Customs officials
just don`t want to do any
immigration work at all.

Obviously, the DHS should rethink
its public relations slogans: "One team, One fight"
. . . and "One face at the border."

America desperately needs to have expedited removal
implemented—but this continued bureaucratic battling
bodes ill for any system of enforcement at all.

Juan Mann [email
him] is
an attorney and the proprietor of

He writes a weekly column for

contributes to Michelle Malkin`s

Immigration BLOG