Sec. 4. Expedited removal for aliens engaged in birth tourism
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Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ) is amended by adding at the end the following: An immigration officer who determines an alien is inadmissible under section 212(a)(2)(F) or deportable under section 237(a)(2)(F)— shall order the alien removed, subject to review in accordance with paragraph (2); shall report the order of removal to the immigration court as expeditiously as possible, but in no case later than 7 days after the date of such determination; and may not conduct any further inquiry or hearing or execute the order of removal until ordered by the immigration judge pursuant to paragraph (2).
An immigration judge shall review each administrative removal order issued pursuant to paragraph
(1)not later than 7 days after such order is referred to the court by the immigration officer. If an immigration judge determines that an alien referred to the immigration court is inadmissible under section 212(a)(2)(F) or deportable under 237(a)(2)(F), the immigration judge shall order the alien removed without further inquiry or hearing. The alien shall bear the burden of proof to establish that he or she— is a lawful permanent resident (such status not having been abandoned, rescinded, or terminated); or is not described in section 212(a)(2)(F) or section 237(a)(4)(F). In proceedings before the immigration judge under this section, the Attorney General shall provide the alien— reasonable notice of the proceeding and of the opportunity described in subparagraph (C); the privilege of being represented (at no expense to the Government) by a licensed attorney at law or an accredited representative of the alien’s choice who is authorized to practice before the immigration court in accordance with section 292; and an opportunity to inspect the evidence and submit any additional evidence to support the alien’s case prior to the review of the order by the immigration judge. If an alien who is arriving on land (whether or not at a designated port of entry) from a foreign contiguous territory to the United States is determined by an immigration officer to be inadmissible under section 212(a)(2)(F) or deportable under section 237(a)(2)(F), the Secretary of Homeland Security shall return such alien to such territory pending a final decision under this subsection. If an alien who is arriving in the Commonwealth of the Northern Marianas or Guam from any foreign port of embarkation or foreign country (whether or not at a designated port of entry) is determined by an immigration officer to be inadmissible under section 212(a)(2)(F) or deportable under section 237(a)(2)(F), the Secretary of Homeland Security shall immediately return such alien to such foreign port of embarkation or foreign country pending a final decision under this subsection. Notwithstanding section 242 of this title, any other provision of law (statutory or nonstatutory), including section 2241 of the title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, there shall be no judicial review of any findings (factual or legal), decisions, or actions taken by the Secretary, immigration officer, or immigration judge, pursuant to the proceedings under subsection (e). Notwithstanding section 243(d) or any other provision of law, if the country of birth, nationality, citizenship, or last habitual residence of an alien subject to removal under subsection
(e)refuses to accept such alien within 14 days of receiving notification from the Secretary of Homeland Security of such removal order, the Secretary shall— direct the Secretary of State to immediately pause the issuance of visas for all citizens, nationals, subjects, and habitual residents of such country for the following 180 days; and immediately suspend admission of all citizens, nationals, subjects, and habitual residents of such country until the country accepts the return of the removed alien. The Secretary of State and the Secretary of Homeland Security may jointly determine, based on the specific circumstances of an individual alien’s case, that it is in the national security or foreign policy interests of the United States to issue a visa or other travel document to an individual alien before the expiration of the 180-day period of suspension referred to in paragraph (1)(A). The authority under this subsection— is not subject to delegation below the Deputy Secretary of Homeland Security or the Deputy Secretary of State; may not be used to allow categories or groups of aliens of any nationality or citizenship into the United States; and may be exercised for not more than 50 aliens in any fiscal year. .
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Sec. 4
Expedited removal for aliens engaged in birth tourism
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