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ElwoodBlues Removing foreign nationals who violate U.S. immigration and other laws is central to immigration enforcement, and the INA provides broad authority to DHS and DOJ to remove certain foreign nationals from the country. These persons include unauthorized aliens as well as lawfully present aliens who commit certain acts that make them removable. Any foreign national found to be inadmissible (either before or after U.S. entry; see the "Visa Issuance and Security" section for information on grounds of inadmissibility) or deportable under grounds specified in the INA may be ordered removed.
Grounds of deportability specified in INA Section 237(a) include the following:
being inadmissible at the time of entry or violating one's immigration status;
committing certain criminal offenses, including crimes of "moral turpitude," aggravated felonies, alien smuggling, and high-speed flight from an immigration checkpoint;
failing to register with DHS (if required) or committing document fraud;
being a security risk (including violating any law relating to espionage, engaging in criminal activity that endangers public safety, partaking in terrorist activities, or assisting in Nazi persecution or genocide);
becoming a public charge within five years of entry;
or voting unlawfully.
Absent other factors, unlawful presence in the United States is a civil violation, not a criminal offense, and removal and its associated administrative processes are civil proceedings. The INA provides for multiple types of removal processes. DHS may commence formal removal proceedings by issuing a foreign national a Notice to Appear charging document and filing it with an immigration court within DOJ's EOIR. Formal removal proceedings typically consist of multiple hearings before an EOIR immigration judge. At the conclusion of proceedings, an immigration judge determines whether a foreign national is removable as charged. The immigration judge may grant certain forms of relief or protection (e.g., asylum, cancellation of removal) for which the alien has applied.
Under streamlined removal procedures, including expedited removal and reinstatement of removal (i.e., when DHS reinstates a removal order for an individual previously removed), opportunities for relief and review are generally limited. Expedited removal allows DHS to remove an alien without a formal hearing under certain statutory conditions. However, individuals subject to expedited removal may have an opportunity to pursue applications for asylum and other forms of protection from removal.
