Expedited Removal
- Arrive with no documents
- Arrive with documents obtained by fraud of misrepresentation
- No claim to citizenship
- No claim to Lawful Permanent Residence (LPR)
- No expression of fear of persecution
- Non-Cubans arriving by sea and those captured within 100 miles of border who have been in the U.S. for less than 2 years after 11/13/2002 (REGULATION by agency)
- The Const. says all persons within U.S. to be protected by Const.--doesn't include people on parole
- Someone who sneaks in is in U.S.
- Practitioner's Notes: Just because you see a regulation, do not assume it's legal--may be without proper authority, or an expansion of powers given, may be unconstitutional, or Congress may not have had authority to delegate that power.
- So this rule in particular comes out authority give to agency by Congress to enact regulations to expand the expedited removal authority to cover all persons in the U.S. who have not been here for more than 2 years (agency limited it further to those by sea and not from Cuba and are captured within 100 miles of border/shore).
- But does Congress have the power to limit application of Const. by statute? 14th Amendment says all person within U.S. to be given equal protection and due process
- This regulation does not give due process/fairness (hearing)
- Note: Airlines are responsible for returning those subject to expedited removal, so they have become advocates for hearings and due process!
