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Edmund A. Walsh School of Foreign Service
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Institute for the Study of International Migration

Applying the best in social science, legal and policy expertise to the complex and controversial issues raised by international migration.

ISIM Events/Meetings

2004

Expedited Removal Meeting - December 15, 2004

In cooperation with the U.S. Commission on International Religious Freedom, ISIM organized and hosted an experts meeting to hear and discuss the findings of the USCIRF Expedited Removal Study prior to its release. The meeting took place at the Georgetown University Law Center on Wednesday, December 15, 2004.

Expedited Removal is the process, established by 1996 legislation, which authorizes immigration officers to detain and deport improperly documented aliens without a hearing before an immigration judge and without an opportunity to consult with legal counsel. Congress, however, included a number of protections to prevent asylum seekers from being "expeditiously returned" in violation of U.S. law and treaty obligations.

Section 605 of IRFA authorized the Commission to appoint experts on refugee and asylum law to study whether immigration officers were (1) improperly encouraging asylum seekers to withdraw their applications for admission; (2) incorrectly failing to refer asylum seekers for an interview by an asylum officer for a determination of whether they have a credible fear or persecution; (3) incorrectly removing asylum seekers to a country where they may be persecuted; and (4) detaining such asylum seekers improperly or under inappropriate conditions.

With data collection complete, the researchers on the USCIRF Expedited Removal Study have been compiling the research report drafts for the Study. The reports analyze the data from four exercises undertaken by Commission experts: (1) Port of Entry Monitoring; (2) File Review; (3) Detention Center Surveys; and (4) Statistical Review.

The researchers presented their findings to a group of distinguished experts in the refugee and asylum field and received feedback on the study findings and the policy recommendations which should ensue from those findings.

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