An internal INS memorandum has been released outlining policy guidelines on expedited removals based on recommendations from the INS Expedited Removal Working Group. “Expedited removal” is the new process that allows INS examiners in certain circumstances to issue removal orders without being subject to the review of the courts. The Working Group has been meeting since April of last year in order to “identify and address policy questions, procedural and logistical problems and quality assurance concerns related to the expedited removal process.”
Specific guidelines include the following:
– Each INS region and district will appoint an expedited removal “expert” who will be responsible for ensuring close coordination and exchange of information and to ensure that policy guidance is distributed, fully understood and implemented.
– Expedited removal orders or decisions to permit withdrawal of applications for admission in lieu of a formal removal must be carefully
reviewed by every officer and supervisor handling expedited removal cases.
– The Office of International Affairs of the INS may, at its discretion, offer a second credible fear interview to any alien even if the alien has not established a credible fear before an asylum officer or after an immigration judge’s review. This may occur if the OIA determines that new information concerning the case exists and should be considered.
– With respect to the decision to parole (i.e. to conditionally release someone into the until a later hearing) an applicant for admission who meets the credible fear standard (if asylum is claimed), can establish identity and community ties, and is not subject to any possible bars to asylum involving violence or misconduct, should be considered be considered for parole.
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