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DOJ/INS

RIN: 1115-AE47

Publication ID: Fall 1996

Title: ●Expedited Exclusion
Abstract: On April 24, 1996 the Antiterrorism and Effective Death Penalty Act (AEDPA) was enacted. The Immigration and Naturalization Service (Service) will publish several regulations dealing with the expeditious exclusion of aliens who arrive in the United States with either counterfeit documents or no documents at all; with the treatment of aliens who entered without inspection as applicants for admission (and are therefore subject to exclusion provisions of the law); with the mandatory detention of certain criminal aliens; with the deportation of certain convicted criminal aliens prior to the completion of their sentences; and with other portions of the AEDPA. These provisions will improve the efficiency of the Service in preventing the entry of those aliens who attempt to enter illegally, and in removing those who do.
Agency: Department of Justice(DOJ)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 208 8 CFR 212 8 CFR 217 8 CFR 235
Legal Authority: 8 USC 1103 8 USC 1158 8 USC 1226 8 USC 1252 8 USC 1282 31 USC 9701 8 CFR 2

Statement of Need: These regulations are necessary to implement those portions of AEDPA dealing with expedited exclusion.

Summary of the Legal Basis: AEDPA (Pub L. 104-132)

Alternatives: The rulemaking involves new legislation requiring implementing regulations. However, great care has been taken to ensure that the regulations are narrowly tailored to meet their objectives and adhere to the principles set forth in the President's directive of March 4, 1995, regarding regulatory reinvention.

Anticipated Costs and Benefits: Implementing this statute will involve a moderate amount of capital costs for training purposes, and a minimal amount of costs for modernization of facilities to ensure that appropriate private interview space is available in any Service locations not already adequately equipped. There will also be a moderate amount of recurring costs involved in ensuring that Asylum Officers are readily available for any cases involving aliens who request asylum or otherwise express a fear of persecution. In the long run, these costs should be more than offset by the reduction in costs for detaining excludable aliens for hearings before immigration judges.

Risks: Failure to promulgate these regulations will result in the Department's noncompliance with AEDPA.

Timetable:

Action	Date	FR Cite
NPRM	10/00/1996
NPRM Comment Period End	12/00/1996

Additional Information: INS No. 1788-96 and 1790-96
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Included in the Regulatory Plan: Yes
Agency Contact: Linda Loveless Chief Inspector, Inspections Division Department of Justice Immigration and Naturalization Service Room 4064, 425 I Street NW, Washington, DC 20536 Phone:202 616-7489