Another controversial case involving the new immigration law’s expedited removal provisions has made headlines in the country and the INS has again offered statements that there is nothing wrong with the way the new rules are being administered.
In the January 19th issue of the Los Angeles Times, Peter McDonnell reports on the case of Ulrich Peter Bruckner, a Swiss film distributor whose last entry into the US became a nightmare. Bruckner was coming to the US to work on various movie projects as he had on numerous earlier visits.
Upon arrival, immigration officers at Los Angeles International Airport accused Bruckner of coming to the US not as a temporary visitor coming to the US for legitimate business reasons, but as a prospective immigrant. Bruckner visits the US frequently and the fact that he has spent more days in the US in the past year than Switzerland is the apparent justification for the INS conclusion. Bruckner was immediately taken to an INS interrogation room and interviewed regarding his intentions. According to Bruckner, he was coerced into agreeing to return to Europe after signing a statement that indicated he intended to remain in the United States. He was then transferred to an INS detention facility where he was held for more than 24 hours.
Bruckner claims that though he travels frequently to the US, he still maintains a home in Switzerland and has his main back account, with a balance of more than $100,000, in his home country.
Bruckner hired an attorney who was able to secure Bruckner’s release from detention. However, Bruckner is still scheduled for a hearing to argue his case in front of INS officials.
The case illustrates how the INS’ new expedited removal provisions work. Under the new immigration law, persons seeking entry into the US with fraudulent documents or no documents can be summarily removed from the US by an Immigration and Naturalization Service officer at a port of entry. Also, persons who attempt to enter the US by “misrepresentation” may be removed. This was the basis for the Bruckner detention. While the officer’s decision must be reviewed by a supervisor, the courts are not permitted to review a decision. The INS officer has the additional power to bar a person from reentering the US for a minimum of five years and possibly permanently.
The INS is now using the new process to remove more than 1,000 people every week. Those entering the US on visitor visas should be particularly sensitive to the new rules and might consider, where appropriate, applying in another visa category.
The American Civil Liberties Union is challenging the constitutionality of the expedited removal provisions in the Immigration and Nationality Act. In a suit filed in the US District Court in Washington, DC, the ACLU argues that INS officers have the power to act as judge and prosecutor. The new provisions have also been criticized as being counter to congressional intent. The provisions were added into the law to prevent illegal aliens from entering the country with obviously false claims to asylum. Such asylum applicants were blamed for deliberately dragging cases through the courts in order to make their stay in the US permanent.
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