^[1] The Expedited Removal Study, Report on the First Three Years of Implementation of Expedited Removal (May 2000), at 6.

^[2] U.S. Commission on Immigration Reform, U.S. Refugee Policy: Taking Leadership, June 1997, at 38;  Final Report of the Advisory Committee on Religious Freedom Abroad to the Secretary of State and to the President of the United States, May 17, 1999, at 45.

^[3] U.S. Commission on Immigration Reform, U.S. Refugee Policy: Taking Leadership, June 1997, at 38.

^[4]  Final Report of the Advisory Committee on Religious Freedom Abroad to the Secretary of State and to the President of the United States, May 17, 1999, at 45, 47.

^[5] Discussions of the plenary power doctrine include Hiroshi Motomura, Immigration Law After a Century of Plenary Power: Phantom Constitutional Norms and Statutory Interpretation, 100 Yale L.J. 545 (1990), and Lenni B. Benson, Back to the Future: Congress Attacks the Right to Judicial Review of Immigration Proceedings, 29 Conn. L. Rev 1411, 1419-1438 (1997).  For a general review of U.S. immigration policies before World War II, see Philip G. Shrag, A Well-Founded Fear, at 18-22 (2000).

^[6] Cited in Arthur D. Morse, While Six Million Died: A Chronicle of American Apathy, at 61-62 (1983).

^[7] See Shrag, supra note 5, at 33, 71.

^[8] Immigration and Naturalization Service, Asylum Reform: Five Years Later (February 1, 2000).      <http://www.ins.usdoj.gov/graphics/services/asylum/asylum_brochure.pdf>

^[9]   See Shrag, supra note 5, at 40-41.

^[10]  See Immigration and Naturalization Service, supra note 8.

^[11] INS Asylum Office Workload FY 1993-99,  distributed at INS NGO Liaison Meeting, May 9, 2000; Michele R. Pistone, New Asylum Laws: Undermining an American Ideal, Cato Institute Policy Analysis, no. 299 (Washington, D.C., 1998). 

^[12]  INS Asylum Office, Asylum Receipts and Completions, FY 1996-99. As immigration judges regularly grant several thousand additional cases, the approval rate for asylum claims is actually higher.

^[13] Quoted in Walter Shapiro, "Human Faces Enforce Harsh Immigration Law," USA Today, April 10, 1998, at 2A.

^[14] INS spokeswoman Thu Nhi Barrus, explaining the basis of summary deportation decisions, quoted in Edward Hegstrom, "Controversial Law Blocks Mexican Teenager's Visit: Local Couple Protest Treatment of Relative by INS," Houston Chronicle, August 22, 1999.

^[15]  See Inspection and Expedited Removal of Aliens, 62 Fed. Reg. 10,311, 10,3318-19 (supplementary information to interim rule, March 6, 1997).

^[16] The Expedited Removal Study, Report on the First Three Years of Implementation of Expedited Removal, at 144, 145 (May 2000).  All of the study's reports are available on the study's web site, at <http://www.uchastings.edu/ers>.

^[17] U.S. General Accounting Office, Illegal Aliens: Opportunities Exist to Improve the Expedited Removal Process, at 76 (September 2000). 

^[18] Id.

^[19] The Expedited Removal Study, Report on the First Three Years of Implementation of Expedited Removal, at 144 (May 2000).

^[20] Congress has recently expressed its particular concern about the risks posed by expedited removal to refugees fleeing persecution for their religious beliefs. International Religious Freedom Act of 1998, Pub. L. No. 105-292.

^[21] Letter from Eric Holder, Jr., Deputy Attorney General, to Karen Musalo, Director, The Expedited Removal Study, (March 9, 1998).

^[22] The use of quotations in this report reflects that the name used is not the asylum seeker's real name. As detailed in Appendix 2, for a range of reasons including fear of harm to family members remaining in the country of persecution, many asylum seekers requested that we not use their real names in this report.

^[23] The Expedited Removal Study, Report on the Second Year of Implementation of Expedited Removal, at 79-101 (May 1999).

^[24] INS HQDDP Operations (Detention and Removals), Enforcement Standard, "Use of Restraints," February 11, 1998.

^[25] This case was profiled by the Expedited Removal Study in its latest report, Report on the First Three Years of Implementation of Expedited Removal, at 71-74 (May 2000).  Benaissa was represented by Human Rights First for Civil Rights of the San Francisco Bay Area.

^[26] This case was profiled by the Expedited Removal Study. The Expedited Removal Study,  supra note 25, at 74-78.

^[27] INS Investigations, Enforcement Standard, "Body Searches," May 28, 1997.

^[28] The one, narrow exception to the warrant requirement is where probable cause exists that the detainee is concealing something in his or her mouth or attempting to swallow evidence of a crime.  Id. at 9.

^[29] Id. at 14. Strip and cavity searches are to be documented in Form G-335, "Immigration Information Sheet." 

^[30] See 8 C.F.R. §235.3(b)(2)(I); INS Form I-867A & B; INS Inspections Field Manual, chapt. 17, section 17.15

 (Expedited Removal).

^[31] 8 C.F.R. §235.3(b)(2)(i).

^[32] Women's Commission for Refugee Women and Children, Amicus Brief in American Immigration Lawyers Association v. Reno, May 17, 1999. AILA v. Reno, 18F. Supp. 21 38 (D.D.C. 1998), aff'd, 199 F. 3d 1352 (D.C. Cir. 2000).

^[33] UNHCR Regional Office for the U.S. and Caribbean, Asylum and the Law, September 1999.

^[34] The Expedited Removal Study, Report on the Second Year of Implementation of Expedited Removal, at 5, 9 (May 1999); Report on the First Three Years of Implementation of Expedited Removal (May 2000).

^[35] U.S. General Accounting Office, Illegal Aliens: Changes in the Process of Denying Aliens Entry into the United States, 41 (March 1998). 

^[36] International Religious Freedom Act of 1998. Pub. L. No. 105-292, § 605 (a)(2).

^[37] U.S. General Accounting Office, Illegal Aliens: Opportunities Exist to Improve the Expedited Removal Process, at 40-42, 46, 103 (September 2000).

^[38] Interview of Stephanie Peters by Human Rights First staff, July 18, 2000, notes on file at Human Rights First office.

^[39] Vera Institute of Justice, Testing Community Supervision for the INS: An Evaluation of the Appearance Assistance Program, at iii, 27 (August 1, 2000).

^[40] Ian James, "INS Sued Over U.S. Woman Agents Shackled, Called Liar and Deported," Associated Press (September 3, 2000).

^[41] Sam Howe Verhovek, "Besmirched 'Deportland' wrestles with the I.N.S.," New York Times, August 31, 2000; Florangela Davila, "Hard-line INS Under Fire in 'Deportland,'" Seattle Times, September 11, 2000. 

^[42] INS Fact Sheet: Update on Expedited Removal, March 24, 1998.

^[43] The American Jewish Committee Office of Government and International Affairs, "American Jewish Committee Speaks at Capitol, Joining Members of Congress and Advocacy Organizations in Urging Rollback of Harsh Immigration Legislation" (news release), (Washington, D.C.: September 17, 1999).

^[44] Statement of Lavinia Limon, Director, Office of Refugee Resettlement, Department of Health and Human Services, Hearing on "United States Policy Towards Victims of Torture," before the House of Representatives, Committee on International Relations, Subcommittee on International Operations and Human Rights, June 29, 1999.

^[45] Final Report of the Advisory Committee on Religious Freedom Abroad to the Secretary of State and to the President of the United States, May 17, 1999, at 45.

^[46] INA § 242 (a)(2), 8 U.S.C. § 1252 (a)(2)(1999).

^[47] 8 U.S.C. §1225, INA§235(b)(1)(A)(I), 8C.F.R. §235.3(b)(2)(ii) & (b)(1)(c).

^[48] Memorandum to All Assistant Chief Immigration Judges and All Immigration Judges, Interim Operating Policy and Procedure Memorandum 97-3, from Michael D. Creppy, Chief Immigration Judge, March 25, 1997.

^[49] Interview with Peter Kenyon, "Morning Edition," National Public Radio, May 16, 1997, cited in Philip G. Shrag, A Well-Founded Fear: The Congressional Battle to Save Political Asylum in America (Routledge, New York and London: 2000) [hereinafter A Well-Founded Fear] at 325.

^[50] The Expedited Removal Study, Report on the Second Year of Implementation of Expedited Removal at 2 (May 1999).

^[51] Id. at 112; UNHCR Regional Office for the U.S. and Caribbean, Asylum and the Law, September 1999. In fact, the High Commissioner specifically raised the access issue with Attorney General Janet Reno in a meeting last year.

^[52] For reasons of confidentiality, "Dem" has asked that his real name not be used. Dem is represented pro bono by the Hebrew Immigrant Aid Society. The information in this profile was provided by Dem and his pro bono attorneys.

^[53] The sources of the information in this profile are Mr. Thevakumar's attorney (interviewed by C. Randolph Ross of Arnold & Porter on March 29, 1999); a translation of a written statement by Mr. Thevakumar, provided by the attorney; and an affidavit of Mr. Thevakumar's cousin, a U.S. citizen.

^[54] For reasons of confidentiality, "Driton" has asked that his real name not be used. Driton is represented pro bono by attorneys at the firm of Debevoise & Plimpton LLP through the Asylum Program of Human Rights First. The information in this profile was provided by Driton and his pro bono attorneys.

^[55] To protect her privacy, this asylum seeker was identified as "Jane Doe" publicly and in connection with a lawsuit that was brought challenging expedited removal. American Immigration Lawyers Association (AILA) v. Reno, 18 F. Supp.2d 38 (D.D.C. 1998), aff'd,199 F.3d 1352 (D.C. Cir.2000). The information in this profile was obtained from September 20, 1997, and January 14, 1998, articles in the New York Times. Jane was represented pro bono by the American Civil Liberties Union and the law firm of Davis Polk & Wardwell.

^[56] For reasons of confidentiality, the asylum seekers in this profile are all referred to by pseudonyms. The information in this profile was provided by the affidavit of "Javier Aguirre," sworn to on October 28, 1997 (received from Human Rights First for Civil Rights of the San Francisco Bay Area), and an October 14, 1997, broadcast of National Public Radio's "Morning Edition." This case is also profiled by the Expedited Removal Study. The Expedited Removal Study, Report on the Second Year of Implementation of Expedited Removal, at 46-50 (May 1999). Mr. Aguirre was a plaintiff in a lawsuit challenging expedited removal, American Immigration Lawyers Association (AILA) v. Reno, 18 F. Supp.2d 38 (D.D.C. 1998), aff'd,199 F.3d 1352 (D.C. Cir. 2000).

^[57] For reasons of confidentiality, the names in this profile have been changed. The information in this profile is based on a May 4, 2000, interview with Ms. Tsering.

^[58] The Beckleys were represented by ProBAR, a pro bono asylum representation project based in Harlingen, Texas. Their case was also profiled by the Expedited Removal Study. The Expedited Removal Study, Report on the First Year of Implementation of Expedited Removal, at 47-49 (May 1998). The information in this profile is taken from that report and from a July 1998 interview with the Beckleys.

^[59] For reasons of confidentiality, Mr. Keita has asked that his real name not be used. Mr. Keita is represented pro bono by the law firm of Shearman & Sterling through the Asylum Program of Human Rights First. The information in this profile was provided by Mr. Keita and his pro bono attorneys.

^[60] For reasons of confidentiality, Mr. Antoun has asked that his real name not be used. He was represented pro bono by the Hebrew Immigrant Aid Society. The information in this profile was provided by Mr. Antoun and his attorney.

^[61] For reasons of confidentiality, Mr. Masamba's real name has not been used. Mr. Masamba was represented pro bono by the law firm of McCarter & English through the Asylum Program of Human Rights First. The information in this profile was provided by Mr. Masamba and his pro bono lawyers.

^[62] Mr. Mkhizi is represented pro bono by Kramer Levin Naftalis & Frankel LLP through the Asylum Program of Human Rights First. The information in this profile was provided by Mr. Mkhizi and his pro bono attorneys. 

^[63] For reasons of confidentiality, "Mina" has asked that her real name not be used. She was represented pro bono by attorneys at the law firm of Debevoise & Plimpton LLP through the Asylum Program of Human Rights First. The information in this profile was provided by Mina and her pro bono attorneys.

^[64] Mekabou is represented pro bono by the firm of Davis Polk & Wardwell through Human Rights First's Asylum Program. The information in this profile was provided by Mekabou and his pro bono lawyers.

^[65] For reasons of confidentiality, “Mohammed” has asked that his real name not be used. He was represented pro bono by attorneys at the law firm of Winthrop, Stimson, Putnam & Roberts through the Asylum Program of Human Rights First. The information in this profile was provided by Mohammed and his pro bono attorneys.

^[66] For reasons of confidentiality, Benaissa's name has been changed.  The information in this profile was provided by Benaissa's attorneys at Human Rights First for Civil Rights of the San Francisco Bay Area and by the Expedited Removal Study, which profiled Benaissa's case in its most recent report. The Expedited Removal Study, Report on the First Three Years of Implementation of Expedited Removal, at 71-74 (May 2000).

^[67] For reasons of confidentiality, Ms. Li asked that her real name not be used. Ms. Li was interviewed in August 1998 by representatives of the law firm of Arnold & Porter with the assistance of the Krome Pro Bono Project.

^[68] For reasons of confidentiality, Mr. Soleimani's real name has not been used. The information in this profile was provided by Mr. Soleimani.

^[69] For reasons of confidentiality, Ms. Benavides's real name has not been used. We owe the information on this case to the Expedited Removal Study, which learned of it from Ms. Benavides's attorney. The profile above is a shortened version of the profile of a case study in the Expedited Removal Study's most recent report. The Expedited Removal Study, Report on the First Three Years of Implementation of Expedited Removal, at 71-74 (May 2000).

^[70] For reasons of confidentiality, Ms. Koromah's real name has not been used. The information in this profile is based on an interview with Ms. Koromah.

^[71] Mr. Liu is represented pro bono by the law firm of Kramer Levin Naftalis and Frankel LLP through the Asylum Program of Human Rights First. The information in this profile was provided by Mr. Liu's pro bono attorneys. 

^[72] For reasons of confidentiality, Mr. Ibrahimi has asked that his real name not be used. Mr. Ibrahimi was represented pro bono by the law firm of Shearman & Sterling through the Asylum Program of Human Rights First. The information in this profile was provided by Mr. Ibrahimi and his pro bono attorney.

^[73] For reasons of confidentiality, Mrs. Ramalingam asked that her real name not be used. The information in this profile is taken from an affidavit provided by her attorney, Sara E. Campos, at Human Rights First for Civil Rights of the San Francisco Bay Area.

^[74] For reasons of confidentiality, Ms. Alexeyeva's real name has not been used. The information in this profile is based on an interview with Ms. Alexeyeva.

^[75] For reasons of confidentiality, Ms. Adeniji has asked that her name not be used.  She is being represented pro bono by the law firm of Dorsey & Whitney LLP through the Asylum Program of Human Rights First. The information in this profile was provided by Ms. Adeniji.

^[76] For reasons of  confidentiality, Mr. Obari has asked that his real name not be used. (After Mr. Obari's flight from Nigeria, his father was arrested twice.) Mr. Obari was represented by Anne Carr of the Pennsylvania Immigrant Resource Center. The information in this profile is based on August 7 and 9, 1998, interviews with Mr. Obari.

^[77] For reasons of confidentiality, Ms. Marcelin's real name has not been used. The information in this profile is based on an interview with Ms. Marcelin. 

^[78] Mr. Kanyinda is represented pro bono by the law firm of Davis Polk & Wardwell through the Asylum Program of Human Rights First. The information in this profile was provided by Mr. Kanyinda and his pro bono attorneys.

^[79] For reasons of confidentiality, Ms. Campos's real name has not been used. This profile is based on an interview with Ms. Campos.

^[80] For reasons of confidentiality, Ms. Barry's real name has not been used. This profile is based on an interview with Ms. Barry.

^[81] The information in this profile is taken from a series of articles in Newsday (dated June 14, 15, 16, 17, 18, 19 and July 12, 2000) reporting on Ms. McKnight's case. See also Ian James "INS Sued over U.S. Woman Agents Shackled, Called Liar and Deported," Associated Press, September 3, 2000. Her experience is noted in the Expedited Removal Study's third annual report on expedited removal, which also profiles the case of another U.S. citizen, born in Chicago to Mexican parents, who was stopped by INS inspectors at Los Angeles International Airport in February 2000 on his way back from a trip to Mexico. He spent 45 days in INS detention before his citizenship was recognized by an immigration judge.  The Expedited Removal Study, Report on the First Three Years of Implementation of Expedited Removal, at 82-86 (May 2000).

^[83] The source of information in this profile is an August 23, 1998, interview with Mr. Salgado and an affidavit by Mr. Salgado detailing his experiences.

^[84] Sam Howe Verhovek, "Besmirched 'Deportland' Wrestles with the I.N.S.," New York Times, August 31, 2000; Florangela Davila, "Hard-line INS under Fire in 'Deportland,'" Seattle Times, September 11, 2000. 

^[85] For reasons of confidentiality, Mr. Keller has asked that his real name not be used. The information in this profile is from a declaration by Mr. Keller and a letter from his attorney.

^[86] Ms. Li was a plaintiff in American Immigration Lawyers v. Reno, 19 F. Supp. 21 38 (D.D.C. 1998), aff'd, 199 F.3d 1352 (D.C. Cir. 2000). The information in this profile is from materials filed in that lawsuit.

^[87] Mr. Psaropoulos's case was reported by New York Times columnist Anthony Lewis. Anthony Lewis, "At Home Abroad. Is This America? " New York Times, at A19.  

^[88] The information in this profile is taken from two news articles on the case. Solange De Santis, "U.S. Traps Canadians in a One-Size-Fits-All Border-Control Policy, " Wall Street Journal, June 4, 1998, at A13; Anthony DePalma, "New Rules at U.S. Borders Provoke Criticism," New York Times, November 14, 1997.

^[89] Mr. Peña's case was profiled in the Expedited Removal Study. The Expedited Removal Study's Report on the First Year of Implementation of Expedited Removal, at 45-47 (May 1998). The information in this profile is based on the Expedited Removal Study's description and a news article on the case, Jacob Bernstein, "Welcome to America. Now Go Home," Miami New Times, January 1-7, 1998, at 23.

^[90] The information in this profile is taken from a written statement by  Zdeněk Geres sent to Anthony Lewis, who described the case in an article in the New York Times. See Anthony Lewis, "Abroad at Home. Bullies at the Border, "New York Times, June 15, 1998.

^[91] The information in this profile is from a declaration by Attila Hegyi.

^[92] The information in this profile is from affidavits by Harry Clements and his daughter, Suzan Joyce.