On November 13, 2002, the Immigration and Naturalization Service issued new regulations concerning the expedited removal of certain aliens who arrive in the United States illegally by sea.  An individual shall be subject to these new regulations if the alien satisfies the following requirements:

1)     Arriving in the United States by sea, either by boat or other means;

2)     Not being admitted or paroled at the time of arrival; AND

3)     Having not been physically present in the United States for a continuous two-year period prior to an expedited removal determination of inadmissibility.

The expedited removal process for individuals subject to the new regulations will be very similar to the expedited removal process implemented on April 1, 1997.  The principal difference involves aliens claiming to have been present in the United States for a two-year period.  In order to terminate the expedited removal process, these aliens have the burden of illustrating to an INS officer that they have been present in the United States for the two-year period.

Of particular note, the new regulations include a specific provision for Cuban citizens or nationals.  The new regulations state that the expedited removal provisions shall not be applied to Cubans who arrive in the United States by sea, which means that they will still be able to apply for adjustment of status under the Cuban Adjustment Act.