INA 235 (8 USC 1225) Inspection by immigration officers, expedited removal of aliens, referral
for hearing
Everyone gets inspected: All aliens seeking entry or transit must be
checked by immigration officers.
Stowaways: Not eligible for admission, but may request asylum.
Expedited removal: Fast deportation for certain inadmissible aliens
unless they claim asylum.
Credible fear interview: Required if someone expresses fear of
persecution.
Detention: Aliens not clearly admissible must be held during
proceedings.
Voluntary withdrawal: Officers may allow someone to withdraw their
application and leave.
Statements under oath: Officers can require applicants to explain their
intentions truthfully.
INA 235 Enforcement statute at POE
INA § 252 (8 U.S.C. § 1282) Conditional permits to land temporary
Border Patrol Agents who work in maritime locations and airports use
this statute to handle the temporary landing of alien crewmembers in
the United States. Agents may also have occasion to arrest alien
crewmembers who have violated conditional landing permits.
,INA § 287 (8 U.S.C. § 1357) powers of immigration officers and employees
Primary enforcement statute for Border Patrol agents.
Title 19 USC designated BP "customs officers"
INA 235 (a)(3) inspect all aliens (question)
Every noncitizen trying to enter, reenter, or pass through the U.S. must
be checked by immigration officers, including crew members. No
exceptions.
INA § 287(a)(1) Questioning Aliens About Immigration Status
authorizes agents to interrogate any alien, or person believed to be an
alien, about the alien's right to be, or remain in, the United States.
Although this statute does not mention a required level of suspicion,
seizing someone for questioning requires at least reasonable suspicion
of a violation to justify the seizure unless the agent is at the FEB
(Functional Equivalent to the Border) or a checkpoint.
, INA 235 (a)(5) Statements Under Oath
Immigration officers can require applicants to swear to their intentions
—why they’re entering, how long they’ll stay, and whether they plan to
settle or become citizens.
INA 235 (d)(3) Administration of oath and consideration of evidence
Immigration officers can swear in witnesses and collect evidence on
any issue related to an alien’s right to enter or stay in the U.S., or
anything relevant to enforcing immigration laws.
INA 287 B administrator oaths and take / consider evidence
INA 235 (d)(4)(B) Enforcement of Immigration Subpoenas
Authorizes Untied States 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 of court.
8 CFR 287.4A SBPA issue subpoena
for hearing
Everyone gets inspected: All aliens seeking entry or transit must be
checked by immigration officers.
Stowaways: Not eligible for admission, but may request asylum.
Expedited removal: Fast deportation for certain inadmissible aliens
unless they claim asylum.
Credible fear interview: Required if someone expresses fear of
persecution.
Detention: Aliens not clearly admissible must be held during
proceedings.
Voluntary withdrawal: Officers may allow someone to withdraw their
application and leave.
Statements under oath: Officers can require applicants to explain their
intentions truthfully.
INA 235 Enforcement statute at POE
INA § 252 (8 U.S.C. § 1282) Conditional permits to land temporary
Border Patrol Agents who work in maritime locations and airports use
this statute to handle the temporary landing of alien crewmembers in
the United States. Agents may also have occasion to arrest alien
crewmembers who have violated conditional landing permits.
,INA § 287 (8 U.S.C. § 1357) powers of immigration officers and employees
Primary enforcement statute for Border Patrol agents.
Title 19 USC designated BP "customs officers"
INA 235 (a)(3) inspect all aliens (question)
Every noncitizen trying to enter, reenter, or pass through the U.S. must
be checked by immigration officers, including crew members. No
exceptions.
INA § 287(a)(1) Questioning Aliens About Immigration Status
authorizes agents to interrogate any alien, or person believed to be an
alien, about the alien's right to be, or remain in, the United States.
Although this statute does not mention a required level of suspicion,
seizing someone for questioning requires at least reasonable suspicion
of a violation to justify the seizure unless the agent is at the FEB
(Functional Equivalent to the Border) or a checkpoint.
, INA 235 (a)(5) Statements Under Oath
Immigration officers can require applicants to swear to their intentions
—why they’re entering, how long they’ll stay, and whether they plan to
settle or become citizens.
INA 235 (d)(3) Administration of oath and consideration of evidence
Immigration officers can swear in witnesses and collect evidence on
any issue related to an alien’s right to enter or stay in the U.S., or
anything relevant to enforcing immigration laws.
INA 287 B administrator oaths and take / consider evidence
INA 235 (d)(4)(B) Enforcement of Immigration Subpoenas
Authorizes Untied States 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 of court.
8 CFR 287.4A SBPA issue subpoena
