What US INA Inspection and Expedited Removal (8 USC 1225): Applicants for Admission, Credible Fear and Detention requires
Section 235 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1225, governs the inspection of aliens seeking to enter the United States and the expedited removal of certain inadmissible arriving aliens, and is administered by the Department of Homeland Security (Customs and Border Protection and Immigration and Customs Enforcement) with credible-fear screening by USCIS asylum officers. Section 1225(a) provides that an alien present in the United States who has not been admitted, or who arrives in the United States, is deemed an applicant for admission, and that all applicants for admission, including crewmembers, shall be inspected by immigration officers. Section 1225(b)(1) authorizes expedited removal: if an examining officer determines that an arriving alien is inadmissible under 8 U.S.C. 1182(a)(6)(C) (fraud or material misrepresentation) or 1182(a)(7) (lack of valid entry documents), the officer shall order the alien removed without further hearing or review unless the alien indicates either an intention to apply for asylum or a fear of persecution; in that case the officer shall refer the alien for an interview by an asylum officer, and an alien found to have a credible fear of persecution shall be detained for further consideration of the application for asylum. Section 1225(b)(2) provides that, in the case of other applicants who are not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under 8 U.S.C. 1229a before an immigration judge. The statute requires that aliens be detained pending a final determination in these processes. Credible-fear referrals connect this section to the asylum framework in 8 U.S.C. 1158, and expedited-removal determinations are subject to only the limited review provided in 8 U.S.C. 1252(e).
Pillar: Immigration & Border Control · Authority: US Congress / Department of Homeland Security (Customs and Border Protection) and US Citizenship and Immigration Services · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: 66cd6fd49d8b718f72d5bfc5feea5ac8be1dbaa37da17655f72d090f1db77d85
Primary Citations — 8 traced to source
- Immigration and Nationality Act 235, 8 U.S.C. 1225(a) - aliens treated as applicants for admission and the inspection requirement.
- Immigration and Nationality Act 235, 8 U.S.C. 1225(b)(1)(A) - expedited removal of aliens inadmissible under 8 U.S.C. 1182(a)(6)(C) or (a)(7).
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