IMG_3881

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 was signed into law by President Bill Clinton on September 30, 1996, as Division C of the Omnibus Consolidated Appropriations Act of 1997 (Public Law 104-208). The law’s major provisions took effect on April 1, 1997. IIRIRA created the expedited removal process (codified in Section 235(b)(1) of the Immigration and Nationality Act), which authorizes immigration officers (from DHS, formerly INS) to order the summary removal of certain noncitizens deemed inadmissible—typically those lacking valid entry documents or who sought admission through fraud/misrepresentation—without a full hearing before an immigration judge. • This applies primarily to arriving aliens at ports of entry and, at DHS discretion, to those who entered without inspection and have not been continuously present for at least two years. • The process is administrative and rapid, with limited review (e.g., no standard appeal to the Board of Immigration Appeals or routine judicial oversight, except in narrow cases like credible fear claims for asylum). • Exceptions exist: If a person expresses fear of persecution, they receive a credible fear interview, and potentially further review, but otherwise, deportation can occur without judicial involvement. This framework has been upheld by courts (e.g., Department of Homeland Security v. Thuraissigiam, 2020), though critics argue it limits due process. Expedited removal remains a key enforcement tool, expanded at times by subsequent administrations.