The Biden administration released its latest plan to funnel illegal migrants into the United States, summarized in a fact sheet inaptly titled “Biden-Harris Administration Announces New Border Enforcement Actions” because there’s little “enforcement” in it. My colleagues will be analyzing the massive (and illegal) “parole” for up to 360,000 aliens per year included in the plan, but I just wanted to quickly translate a few of the White House’s proposals into English.
Current Law. When aliens are apprehended entering the United States illegally, DHS has two choices on how to process them: (1) expedited removal under section 235(b)(1) of the Immigration and Nationality Act (INA); or (2) “regular” removal under section 235(b)(2) of the INA.
Expedited removal is exactly what it sounds like: A fast-track process by which aliens who have no documents allowing them to be admitted (including illegal entrants) are quickly removed.
The defect in that fast-track process is the requirement that aliens who have asserted a fear of harm or who have expressly requested asylum are to be sent to an asylum officer from USCIS to determine whether they have a “credible fear” of persecution.