- The principal tool used by CBP officers to keep certain aliens out of the U.S. - Aliens inadmissible under this section are ineligible to receive visas and ineligible to be admitted to the U.S. - Principle elements to charge under & 212(a) > Person must be an alien > Alien must be seeking admission

Final review Flashcards by Luka Markulin

There are two sections of the INA the Describe classes of aliens that
may endanger the safety, security, or welfare of the U.S. and its citizens. What are these sections?

INA & 212(a)
- Describes classes of alien that may be inadmissible.
- Burden of proof is on aliens that they are admissible.
INA & 237(a)
- Describes classes of admitted aliens that may be deportable.
- Burden of proof is on the Department that they are deportable.

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The INA & 212(a) is

The principal tool used by CBP officers to keep certain aliens out of the U.S.
Aliens inadmissible under this section are ineligible to receive visas
and ineligible to be admitted to the U.S.
Principle elements to charge under & 212(a)
> Person must be an alien
> Alien must be seeking admission

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What are the three groups of aliens considered applicants who are seeking admission?

Aliens arriving in the U.S.
- Aliens interdicted at sea and brought to the U.S.
- Aliens present in the U.S. without having been admitted.

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What certain aliens allowed to proceed into the U.S. are not
considered “admitted” for immigration purpose?

An alien landing as temporary crew
- An alien paroled into the US

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What are reasons for Parole?

Humanitarian
Significant public benefit

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Why some returning LPRs are treated as aliens seeking admission,
others are not?

LPR not subject to grounds of inadmissibility unless (OALICE)
- Been continuously outside the U.S. for more than 180 days, or
- Abandoned or relinquished their U.S. LPR status, or
- Let the U.S. while under removal proceeding, or
2 1
- Engaged in illegal activity after departing the U.S., or
- Committed certain criminal offense(s) those listed in INA & 212(a)(2),
or
- Entered, or are attempting to enter, without inspection

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What are the INA 212 Removal options?

Removal proceedings with an immigration Judge, or
Visa waiver program refusal, or
Expedited Removal

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Removal Proceedings

INA & 240 authorizes immigration Judges () to determine inadmissibility or deportability of an alien and establishes the rules for
such proceedings.
- Form 1-862, Notice to Appear, initiates removal proceedings before before an immigration Judge.
- An inadmissible alien is not entitled to the full range of the U.S.
constitutional protections but is entitled to basic due process (fair
procedures).

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During removal proceeding, an arrival alien who has been charged an admissible

Bears the burden of proof that alien is entitled to admitted.
Has the right to secure counsel at his or her own expense.
Can present and examine evidence.
Can examine witnesses.
Can appeal the Il’s decision to the Board of Immigration appeals (BIA).

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When a removal order becomes final…

The alien is immediately removed. Removal is through the means of transportation that brought the alien to the U.S.
Bar to readmission is generally 5 years.

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Which Aliens are not entitled to a 240 removal hearing before an IJ?

Crew
Aliens inadmissible on national security grounds
Visa Waiver program applicants
Expedited removal proceedings
Stowaways

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Expedited removal is used at he POE for arriving aliens only. Arriving aliens are those who…

Applied for admission at an open port of entry
Were interdicted at sea
Were paroled in to the U.S. after April 1, 1997

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The following expedited removals are subject to administrative review

Citizen
alien claiming to be a USC
Asylum
alien is claiming asylum or is an asylee
Refugee
alien admitted as refugee
LPR (Lawful Permanent Resident)

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An alien may be permitted to withdraw the application for admission and depart immediately. Withdrawal of application is what?

Discretionary - CBP decides
- Not an automatic right
- Not a formal removal

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What are the Grounds for Removal under INA & 212(a)?

Health-related grounds
Public charge and labor certifications grounds
Criminal grounds
Security-related grounds
Illegal entrants and immigration violators
Documentation requirements and ineligible for citizenship
Unlawful presence
Miscellaneous
Statutory exemptions
Waivers

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What health-related grounds of inadmissibility include?

Communicable Diseases
Documentation of Vaccination
Physical or Mental Disorders
Drug Abuser or Addict

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What are the five classes of aliens that are subject to a medical exam?

Applicants for admission
Applicants for immigrant visas
Applicants for non-immigrant visas
Refugees
Applicants for adjustment of status

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Who Conducts Medical Examination and Notifications?

Only the U.S. Pub- lic Health Service(USPHS) medical officers or licensed physicians with the requisite experience conduct medical
exams.

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What are the grounds of inadmissibility under security-related?

Espi- onage, Sabotage, Unauthorized Export
Unlawful Activity
Overthrow the U.S.
Terrorist Activity defined
Has engaged in terrorism, is likely to engage in terrorism, incited terrorist activity, Representative of terrorist organization, member of a
terrorist organization, promi- nent alien endorsing terrorism, Military
training by terrorist organization, spouse or child of terrorist, associate
of terrorist organization
Adverse Foreign policy Consequence
Immigrant Communist
Nazi Persecutor

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The term “public charge” means either

The receipt of public cash assis- tance for income maintenance,
or
Institutionalization for long-term care at government expense.

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Labor certification applies only to…

Immigrant aliens entering the U.S. for the purpose of performing
skilled or unskilled labor.
> Not in possession of valid labor certification.
Normally applies to immigrant classifications E2, E3 and EW.
Does not apply to E1

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Criminal Grounds of inadmissibility includes:

Crimes involving moral turpi- tude
Controlled substance violations
Multiple convictions
Drug trafficking
Prostitution
Proceeds of prostitution
Unlawful commercialized vice
Immunity from prosecution
Religious freedom violators
Traffickers in persons
Money laundering

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Grounds of inadmissibility under illegal entrants, immigration violators, documentary requirements and ineligible for citizen are…

Entered without inspection
Failed to attend a removal hearing
Fraud
False claim to U.S. citizenship
Stowaway
Alien smuggler
Students status violator
Immigrant without document
Immigrant visa improperly charged
Non-immigrant without passport
Non-immigrant without visa
Ineligible for citizenship
Draft evaders and deserters

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Grounds of inadmissibility under previously removed, unlawful
presence, miscellaneous grounds, statutorily exempt and waivers are…

Previously re- moved as an arriving alien
Previously removed as a NOT arriving alien
Unlawful presence of 6 months to 1 year
Unlawful presence of 1 year or more
Construction of unlawful presence
Overstays
EWI and previous violation
Immigrant polygamist
Guardian of a helpless alien
International child abductor
Unlawful voters
Renounced U.S. citizenship

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Legal Authority for Adverse Actions under grounds of inadmissibility are…

- Withdrawal of application for admission - Visa waiver program refusal/removal - Expedited removal orders - Notice to appear - Criminal offenses

Authority Overview - CBP officers derive their authority to enforce U.S. immigration laws and initiate adverse actions from what?

- U.S. Constitution - Immigrant and Nationality Act(INA) and Titles 8 & 19 fo the U.S. code - Titles 8 and 22 of the code of federal regulations - Court and board of immigration appeals (BIA) decisions - International law and treaties

What is INA § 235?

Authority to conduct inspections, perform expedited removals, and refer aliens for hearing

What is INA § 287?

Authority to question under oath and search without warrant

What is INA § 240?

Removal hearing

What is INA § 212?

Inadmissible aliens

What is INA § 237?

Deportable aliens

CBP officer's arrest authority is defined in both…

Title 19 U.S.C. 1589a and INA § 287

CBP officers have the authority to arrest some offenders without a warrant

- For any federal felony offense, or - For any federal misdemeanor offense that occurs in the officer's presence - For entering the U.S. illegally in the officer's presence, but only if - The alien is likely to escape before a warrant can be obtained.

Adverse Action Continuum form least to most adverse

- Withdrawal - INA § 235(a)(4) - Visa waiver program refusal - INA § 217 - Expedited removal - INA § 235(b)(1) - Notice to appear/INA § 240 - INA § 235(b)(2) and INA § 239(a) (1) - Prosecution

What is CBP Mission

CBP officers are entrusted with the mission of protecting our borders from terrorists, instruments of terror, and other treats.

What is Purpose of a Primary Examination?

Is to make an initial determina- tion about whether the incoming traveler should be released, admitted, or referred for additional processing

What is the Purpose of a Secondary Examination?

Is to follow up on a referral from primary by systematically inspecting a traveler's intent, paperwork, and belongings.

What are the Officer Tasks in Primary?

- Document review - Passenger interview - Systems queries

What are the U.S. Citizenship Documents?

- U.S. passport - U.S. passport card - Trusted traveler card - Enhanced driver's license - Enhanced tribal card - U.S. merchant mariner's document - Native american tribal photo ID - I-872 American Indian card

What should you do when interviewing passengers?

- Determine citizenship - Determine intent and purpose of travel - Obtain a biding declaration

What Questions Should You Ask in Primary?

- Determine identity - Determine citizenship - Determine documentary requirements - Determine immigrant or non-immigrant classification. - Determine admissibility - Determine resident or non-resident for duty purposes - Determine suspicious of terrorism - Determine any agriculture issues - Determine prohibited or restricted items - Identify commercial merchandise - Identify any duty owed

What are the Guidelines for Intent?

- If a traveler declares upon arrival that he or she never intended to return to the U.S. except for visits >Has been outside the U.S. for 3 or more years, he or she will be treated as a nonresident for CBP purposes. >Has been outside the U.S. for less than 3 years, his or her intent will be determine by the officer's questioning.

Establish Intent

> What was the person's intent at time of departure? - Remain abroad indefinitely - Short-term travel - Contract work abroad, long term > Remember, a traveler's intent at time of departure from the U.S. determines his or her residency status.

To Establishing Intent Ask Question such as….

> What was the duration and purpose of your stay abroad? - While abroad - Did you maintain a home in the U.S. Did you rent or purchase a home abroad? - Did you pay U.S. income taxes? - Did your family accompany you? - Was your assignment or travel temporary or indefinite?

What are the Two Types of Declaration?

-Oral declarations - Written declaration(6059B)

What Systems are Used in Primary?

> At an airport or seaport - Traveler Primary Arrival Client(TPAC) > At a land border - For pedestrians - U.S. PEDESTRIAN - For vehicles - Vehicles primary client(VPC)

What are the Elements of a Binding Declaration?

- Knowledge - Acknowledgement - Communication - Amendment

Identify 5 Classes of Aliens not entitled to a Removal hearing?(CAVES)

- Crew - Aliens inadmissible on national security grounds - Visa waiver program applicants - Expedite removal proceedings - Stowaways

What are the exception to administrative review of an expedited removal order is for an alien who claims under penalty of perjury to be a(n)…

- Citizen - Asylee - Refugee - LPR

What is Form 1-862?

Notice to Appear (The serving of this form commences removal proceedings)

Name 7 rules of Radio Etiquette

- Speak clearly - Be Professional - Be courteous - Be accurate - Think before speaking - Talk simply - Remain calm

What is 10-4?

Acknowledged/received

What is 10-7?

Out of service

What is 10-8?

In service

What is 10-9?

Repeat last transmission

What is 10-10?

All Available Officers Furnish Emergency Assist

What is 10-13?

Unit en-route

What is 10-20?

Location

What is 10-99?

Officer down- all units respond

Name 4 Common Concealment Methods?

- Hidden on the body - Hidden internally - Hidden on children - Other traveler concealment

What are some examples of body carriers?

- Under clothing - Inside clothing - Under wigs -Inside shoes

What are some examples of internal carriers?

- Pellets of narcotics are swallowed. - Pellets are wrapped in condoms, latex gloves, or other wrapping material.

What are the Internal Carrier Behavior?

- Unexplained nervous behaviors - Sleepy appearance - Awkward walking - Inability to sit comfortably

What are the Internal Carriers Indicators?

- Anti-diarrhea medicine - Anti-nausea medicine - Sedatives - Supplies for making pellets - Lubricants

Where can contraband be concealed with children?

- Clothing and shoes - In diapers or diaper bags - In strollers - On the body - While using children as a distraction

What are the others ways of Travel Concealment?

- On wheelchairs - In canes - In umbrellas