Advance Notice of Expansion of Expedited Removal to Certain Criminal Aliens Held in Federal, State, and Local Jails

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This notice advises the public that the Immigration and Naturalization Service (Service) intends to apply the expedited removal provision of section 235(b)(1) of the Immigration and Nationality Act (Act) on a pilot basis to certain criminal aliens being held in three correctional facilities in the State of Texas. This action will not become effective until the Service evaluates and addresses public comments and informs the public by notice in the Federal Register when the expedited removal provisions will be implemented. This pilot program will last for a period of 180 days, and will be followed with an evaluation of the program. The Service believes that implementing the expedited removal provisions to person who have been found by a Federal judge to be guilty of illegal entry and are serving short criminal sentences will result in removal of those criminal aliens faster than can be achieved under ordinary removal proceedings. This will ensure prompt immigration determinations in those cases and consequently will save Service detention space and immigration judge and trial attorney resources, while at the same time protecting the righ5ts of the individuals affected.