INS and DOJ Executive Office for Immigration Review:

Inspection and Expedited Removal of Aliens, Detention and Removal of Aliens, Conduct of Removal Proceedings, and Asylum Procedures

OGC-97-32: Published: Mar 28, 1997. Publicly Released: Mar 28, 1997.

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Pursuant to a legislative requirement, GAO reviewed the Immigration and Naturalization Service's (INS) and the Department of Justice's Executive Office for Immigration Review's (EOIR) new rule on inspection and expedited removal of aliens, detention and removal of aliens, conduct of removal proceedings, and asylum procedures. GAO noted that: (1) the interim rule would implement the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 governing expedited and regular removal proceedings, handling of asylum claims and other activities involving the apprehension, detention, hearing of claims, and ultimately the removal of inadmissible and deportable aliens; (2) the interim rule has an effective date which is less than the required 60-day delay because INS and EOIR state they have good cause for the earlier effective date in order to meet the statutory deadline imposed by the IIRIRA; and (3) INS and EOIR, except for the above noted exception, complied with applicable requirements in promulgating the rule.

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