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If the person answers negatively, or after the person answers positively but receives an unfavorable determination in the credible fear interview, the person is issued Form I-860 Notice and Order of Expedited Removal. The person may now be physically removed from the United States.
According to Linda Greenhouse, writing in The New York Times, expedited removal is intended for immigrants (or "aliens" in American terms) "who are deemed inadmissable upon arrival". [1] Immigrants are entitled to claim they are entitled to refugee status, if they say they have a “credible fear of persecution or torture”, if returned home.
The legal framework governing credible fear is described in the Code of Federal Regulations, Title 8 (Aliens and Nationality), 208.30 (8 CFR 208.30). [3] According to the summary on the United States Citizenship and Immigration Services (USCIS) website: "An individual will be found to have a credible fear of persecution if he or she establishes that there is a "significant possibility" that he ...
CBP will not question a migrant for expedited removal and refer the migrant for a credible fear interview to U.S. Citizenship and Immigration Services if the migrant manifests a fear of return, an ...
The order suspended protection for asylum seekers without a "credible fear" for requiring asylum, allowing for immediate deportation of unauthorized migrants. [65] The order went into effect immediately after it was signed due to the threshold of 2,500+ daily border encounters being met for its execution. [66]
In August 2006, Chertoff said that the "'catch-and-release' practice that for years helped many illegal immigrants stay in the United States unhindered" had ended and that DHS detained 99% of apprehended non-Mexican border-crossers. (Mexican border-crossers could be subject to expedited removal.) Chertoff said that more immigration detention ...
Expedited removal: Here, an order of removal is issued by U.S. Customs and Border Protection and the alien is removed without an opportunity for a hearing before an immigration judge. Reinstatement of removal : Here, an alien is removed by reinstating a previous order of removal that had been executed (after which the alien re-entered in an ...
Reinstatement of removal may apply to aliens (people who not United States citizens or permanent residents) who satisfy all these conditions: [2] The alien received a prior order of removal (or deportation or exclusion). This may have been expedited removal, stipulated removal, or removal or deportation through regular court proceedings.