INA 235, 236, 252, 274 Flashcards
an alien present in the US who has not been admitted or who arrives in the US (whether or not as a designated port of arrival and including an alien who is brought to the US after having been interdicted in international or US waters) shall be deemed for the purpose of this Act an applicant for admission
INA 235(a)(1) Alien not admitted = seeking admission
authorizes agents to inspect all aliens “seeking admission,” i.e., an applicant for admission into the US or in transit through it
INA 235(a)(3) Inspection of aliens
authorizes agents to require an applicant for admission to state under oath any information sought by the agent regarding how long the applicant intends to stay, whether the applicant is an intending immigrant, and whether the applicant is admissible
INA 235(a)(5) Require statement under oath
authorizes immigration officers to use “expedited removal” to remove certain aliens from the US without a hearing in front of an immigration judge. If an alien is not “clearly and beyond a doubt entitled to be admitted” then the officer is authorized to hold the alien for a hearing in immigration court
INA 235(b)(1) Keep inadmissible aliens in custody pending their removal from the US
authorizes immigration officers to keep other inadmissible aliens in custody for proceedings in immigration court under INA 240. If an alien is not “clearly and beyond a doubt entitled to be admitted” then the officer is authorized to hold the alien for a hearing in immigration court
INA 235(b)(2) Keep inadmissible aliens in custody pending their removal from the US
authorizes agents to keep an arriving alien in custody who is inadmissible on national security grounds under INA 212(a)(3)(A), (B), and (C) - espionage, terrorist activity, and foreign policy violations
INA 235(c) Detain arriving alien who is inadmissible for national security grounds
authorizes agents to board and search any vessel, vehicle or conveyance in which the agent believes aliens are being brought into the US. A BPA may use this authority as long as the facts support the agent’s belief that aliens were brought into the US in the conveyance. When making a stop pursuant to INA 235(d)(1) at locations other than an immigration checkpoint, an agent must have at least RS to stop a vehicle. Any search of the vehicle will have to be separately justified via consent to search, or probable cause to conduct a readily mobile conveyance search of the vehicle
INA 235(d)(1) Search conveyance believed to be used to smuggle illegal aliens
authorizes agents to order the master of a vessel/conveyance to detain aliens on board the vessel/conveyance and to deliver the aliens to an immigration officer for inspection or to a medical officer for physical examination
INA 235(d)(2) Master of vessel must detain
authorizes agents to administer oaths and to take a consider evidence concerning the privilege of any person to enter, re-enter, transit through, or reside in the US, or concerning any matter that is material and relevant to the enforcement of the INA
INA 235(d)(3) Administer oath a take evidence
authorizes immigration officers to require by subpoena the attendance and the testimony of witnesses before immigration officers and the production of books, papers, and documents relating to the privilege of any person to enter, re-renter, reside in, or pass through the US, or concerning any matter that is material and relevant to the enforcement of the INA
INA 235(d)(4)(A) Subpoena
authorizes US district courts to order persons who have failed or refused to obey a subpoena to obey the subpoena. Failure to obey a court order is punishable as contempt
INA 235(d)(4)(B) Subpoena
authorizes agents to keep aliens in custody who have been certified by the Attorney General as “terrorist aliens” (if the Attorney General has reasonable grounds to believe that the alien endangers the national security of the US) pending their removal from the US
INA 236A Detain terrorist aliens
(a) authorizes an agent to issue an alien crewman a conditional permit to land temporarily for up to 29 days
(b) authorizes an agent to revoke an alien crewman’s conditional permit to land and to order the master of the vessel/conveyance to detain the alien crewman on board for inspection
INA 252(a), (b) Conditional permit to land
authorizes agents to seize (MUST seize) vehicles, vessels, or aircraft where there is PC to believe that the conveyance has been used to commit a violation of 8 USC 1324(a). In addition to vehicles, this authority includes money gained by smuggling aliens or any property traceable to the proceeds of alien smuggling
INA 274(b) / 8 USC 1324(b) Seize conveyance (used to commit alien smuggling) for forfeiture
