[20190510]LSB10297_总检察长规定在考虑庇护申请期间非法入境者通常必须继续被拘留 .pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Attorney General Rules that Unlawful Entrants Generally Must Remain Detained While Asylum Claims Are Considered May 10, 2019 Non-U.S. nationals (aliens) apprehended by immigration authorities when attempting to unlawfully enter the United States are generally subject to a streamlined, expedited removal process and must be detained while awaiting removal. But in the event that an alien is found to have a “credible fear” of persecution if returned to his or her home country, the alien will be placed in full-scale, “formal removal” proceedings where that alien may seek asylum or similar relief from removal. For many years, immigration authorities had construed governing statutes and regulations to provide that, when an alien apprehended between ports of entry and initially screened for expedited removal was placed in formal removal proceedings following a credible fear determination, that alien could seek bond and potentially be released from custody during the pendency of those proceedings. On April 16, 2019 in Matter of M-S-, however, Attorney General (AG) William Barr reversed this posit