When an illegal alien crosses the border and is arrested, that alien is supposed to be removed immediately to Mexico. This is Expedited Removal (ER). ER was created by Congress because they saw the Executive Office for Immigration Review (EOIR), the immigration court system, was being overwhelmed by massive numbers of illegal aliens without a cognizable claim to relief in the EOIR clogging up the process and, in most cases, never appearing before the EOIR if released instead of being held in custody.
The expedited removal process, created by the Illegal Immigration Reform and Immigrant Responsibility Act of1996, is codified in INA § 235(b)(1). The statute permits the Department of Homeland Security (DHS) to summarily remove aliens arriving at a designated U.S. port of entry (arriving aliens) “without further hearing or review” if they are inadmissible either because they (1) lack valid entry documents, or (2) tried to procure their admission into the United States through fraud or misrepresentation. INA § 235(b)(1) also authorizes—but does not require—DHS to extend application of expedited removal to “certain other aliens” inadmissible on the same grounds if they (1) were not admitted or paroled into the United States by immigration authorities and (2) cannot establish at least two years’ continuous physical presence in the United States at the time of apprehension.
Expedited Removal of Aliens: An Introduction, Congressional Research Service, March 25, 2022
But, as with so many other immigration enforcement statutes, the Biden Regime has appeared to have repealed ER for illegal aliens who cross the border.
John Modlin, Chief Patrol Agent, Tucson Sector, U.S. Border Patrol [Tweet him], has inadvertently exposed the latest Biden Regime Administrative Amnesty, the Cancel Expedited Removal Amnesty. In an interview with Wid Lyman of Border Hawk News, Modlin states unequivocally that illegal aliens arrested after crossing the border have a right to see a judge, i.e., such illegals are no longer removed by ER.
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— Wid Lyman (@Wid_Lyman) May 16, 2024
Why doesn’t Border Patrol return people once they cross? Why don’t they stop people from crossing?
“Once they cross that line, they are in the United States. We can’t, at that point, they are afforded the legal right to see a judge. Even if they don’t claim fear, they can… pic.twitter.com/Kco5iS2GiT
This means, rather than immediately removal, the hundreds of thousands of illegal aliens who appear and don’t even bother to claim asylum or fear of being returned are just being released with court dates, most to never appear. So, even Mexican nationals, who should be the easiest case to apply ER, even they are being released into the United States.
Sector Chiefs don’t make decisions to end ER; this is clearly from on high, likely the unindicted visa fraudster Secretary of the Department of Homeland Security Alejandro Mayorkas.
