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Illegal Aliens: Opportunities Exist to Improve the Expedited Removal Process

GGD-00-176 Published: Sep 01, 2000. Publicly Released: Sep 01, 2000.
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Highlights

Pursuant to a congressional request, GAO provided information on the Immigration and Naturalization Service's (INS) expedited removal process, focusing on: (1) INS' management controls over the expedited removal process and the credible fear determination process, including those determinations relating to aliens' decisions to recant their claims of a fear of persecution or torture; and (2) analysis of aliens who failed to appear before an immigration judge for their removal hearing after being released from detention.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Directorate of Border and Transportation Security The Attorney General should direct INS to analyze the characteristics of those aliens who appear and those who do not appear for their removal hearing and to use the results to reevaluate its policy for when to release aliens in cases when an asylum officer has determined the aliens to have a credible fear of persecution or torture.
Closed – Not Implemented
As of December 2002, INS stated that this recommendation remained "open and resolved, however, the solution will require additional resources." INS further stated that it "will not have an opportunity to request these additional resources until the FY05 budget request." When these resources are received, it intended to impose requirements for releasing expedited removal aliens from detention. In 2001 INS, with contractor assistance and additional EOIR data, analyzed data regarding aliens who do and do not appear for their removal hearings, and was to decide what changes would be needed to its policy by December 31, 2001. The results of the analysis showed that one nationality did not appear for their hearings much more often than all others. However, INS decided that it could not change policy to single out one nationality for detention while all others would be released on a case-by-case basis, and therefore, decided to impose new requirements for releasing aliens in the expedited removal process, as well as to consider the piloting of a supervised release program.
Directorate of Border and Transportation Security The Attorney General should direct INS and the Executive Office for Immigration Review to work together to establish a system to; (1) have the aliens' new address verified by using readily available information sources; and (2) provide the results to the immigration judges for their use in making change of location decisions.
Closed – Not Implemented
According to a December 2002 memo, INS stated this recommendation remained "open and resolved, however, the solution will require additional resources." INS further stated it "will not have an opportunity to request these additional resources until FY05 budget request." When these resources are recieved, INS intends to impose 5 requirements for releasing expedited removal aliens from detention: require sponsors of aliens to sign affidavits of support, verify sponsors addresses, require aliens to report to district offices within 2 weeks of moving to new jurisdiction, require offices to revoke parole and apprehend aliens who fail to appear for hearings, and not relase asylum seekers to illegal aliens.

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Topics

DeportationEligibility determinationsFraudHearingsHomeland securityImmigration enforcementImmigration and naturalization lawInternal controlsTortureImmigration status