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GGD-98-81 Illegal Aliens: Changes in the Process of Denying Aliens Entry Into the United States
Illegal Aliens: INS's Processes for Denying Aliens Entry Into the United States
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 included provisions establishing an expedited removal (ER) process for dealing with aliens who attempt to enter the U.S. by engaging in fraud or misrepresentation or those who arrive with fraudulent, improper, or no documents. Aliens who are subject to ER and assert a fear of being returned to their home country or country of last residence are to be provided a credible fear (CF) interview. This CF interview identified aliens whose asylum claims have a possibility of succeeding. Recommends that INS reevaluate its policy for deciding when to release aliens who have a CF of persecution.
The unauthorized immigrant (illegal alien) population in the United States is a key and controversial immigration issue. Competing views on how to address this population have been, and continue to be, a major obstacle to enacting immigration reform legislation. Over the years, a range of options has been offered for addressing the unauthorized resident population. It is unknown, at any point in time, how many unauthorized aliens are in the United States; what countries they are from; when they came to the United States; where they are living; and what their demographic, family, and other characteristics are. Demographers develop estimates about unauthorized aliens using available survey data on the U.S. foreign-born population and other methods. These estimates can help inform possible policy options to address the unauthorized alien population. In most cases, the ultimate goal is to reduce the number of aliens in the United States who lack legal status. In recent years, a variety of proposals have been put forth to grant some type of legal status to some portion of the unauthorized population. Some of these options would use existing mechanisms under immigration law to grant legal status. Others would establish new legalization programs. Some would benefit a particular subset of the unauthorized population, such as students or agricultural workers, while others would make relief available more broadly.
GGD-00-176 Illegal Aliens: Opportunities Exist to Improve the Expedited Removal Process