Sec. 6. Expedited removal of aliens inadmissible or deportable on security and related grounds
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Section 238 of the Immigration and Nationality Act ( 8 U.S.C. 1228 ) is amended— in the section heading, by adding at the end the following: ; or inadmissible or deportable on security or related grounds by redesignating the subsections succeeding subsection
(b)as subsections
(d)and (e), respectively; and by inserting after subsection
(b)the following: The Secretary of Homeland Security, in accordance with paragraph (3)— notwithstanding section 240, in the case of every alien described in paragraph (2), shall determine the inadmissibility of such alien under section 212(a)(3)(B)(i)(IX) or the deportability of such alien under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX) and issue an order of removal pursuant to the procedures set forth in this subsection to every such alien determined to be inadmissible under section 212(a)(3)(B)(i)(IX) or deportable under section 237(a)(4)(B) as a consequence of being described in section 212(a)(3)(B)(i)(IX); and in the case of an alien described in paragraph
(2)who is not issued an order under subparagraph (A), may determine the inadmissibility of such alien under section 212(a)(3)(B) (other than subparagraph (B)(i)(IX)) or the deportability of such alien under section 237(a)(4)(B) (other than as a consequence of being described in section 212(a)(3)(B)(i)(IX)) and issue an order of removal pursuant to the procedures set forth in this subsection or section 240. An alien is described in this paragraph if— the alien has not been granted a waiver under section 212(d)(3)(C); and the alien— was not lawfully admitted for permanent residence at the time at which proceedings under this subsection commenced; or had permanent resident status on a conditional basis (as described in section 216) at the time that proceedings under this subsection commenced. Proceedings under this subsection shall be in accordance with such regulations as the Secretary of Homeland Security shall prescribe. The Secretary shall ensure that— the alien is given reasonable notice of the charges and of the opportunity described in subparagraph (C); the alien shall have the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proceedings, as the alien shall choose; the alien has a reasonable opportunity to inspect the evidence and rebut the charges; a determination is made for the record that the individual upon whom the notice for the proceeding under this section is served (either in person or by mail) is, in fact, the alien named in such notice; a record is maintained for judicial review; and the final order of removal is not adjudicated by the same person who issues the charges. The Secretary of Homeland Security may not execute any order described in paragraph
(1)until 14 calendar days have passed from the date that such order was issued, unless waived by the alien, in order that the alien has an opportunity to apply for judicial review under section 242. No alien adjudicated inadmissible or deportable in a proceeding under this subsection shall be eligible for any relief from removal that the Secretary of Homeland Security may grant in the Secretary’s discretion. .
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Sec. 6
Expedited removal of aliens inadmissible or deportable on security and related grounds
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