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Federal F law states s that whhen an indivvidual appreh hended at th he bo order or poin nt of entry expresses e a fe fear of perseccution, CBP P must refer the individual to U.S. U Citizensship and Imm migration Seervices (USC CIS) for a nterview, thee first step inn the asylum m process forr those in th he credible fear in e99pedited rem moval process.1 The Natiional Immigr grant Justice Center (NIJC), in collaboratio on with Ameerican Gatew ways, Americcan Immigraation Lawyerrs AILA), the Center C for G Gender Refugee Studiees (CGRS), Asssociation (A Ceentro Legal de d la Raza, Human H Righhts First, Law wyers’ Comm mittee for Ciivil Riights of the San S Franciscco Bay Area (LCCR), thee Texas Civiil Rights Pro oject, th he Immigratio on Clinic off the Universsity of Texass Law Schoo ol, and the Women’s W Refu fugee Comm mission subm mit this compplaint on beh half of 9 no oncitizens who were den nied the opportunity to sseek asylum because of fflaws in CBP’s screeening processs.. 2 3 of 24 the immigration court.4 Congress was clear in creating this scheme that it did not want its expedited removal system to result in the expulsion of bona fide refugees.5 Nonetheless, expedited removal orders have been a central tool in U.S. deportation strategies for nearly 18 years, particularly following expansion of the program in 2004.6 The number of expedited removal orders issued by the Department of Homeland Security (DHS) has more than doubled from 72,911 in 2005 to 193,092 in 2013.7 In 2013, expedited removals accounted for 44 percent (up 5 percent from FY 2012) of all removals.8 Almost all expedited removals—98 percent—were issued against nationals from Mexico, Guatemala, El Salvador, and Honduras.9 The CBP officers who issue these orders are neither lawyers nor judges, yet they hold extraordinary power in determining the fate of arriving asylum seekers.10 They screen individuals (who are generally detained and unrepresented) and make unilateral decisions without any
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