Citations
- 18 F. Supp. 2d 38
Full opinion text
MEMORANDUM OPINION & ORDER
SULLIVAN, District Judge.
Plaintiffs, including ten immigrant assistance organizations and numerous individual aliens, commenced these three separate lawsuits against Attorney General Janet Reno, Commissioner of the Immigration and Naturalization Service (“INS”) Doris Meissner, and Director of Immigration Review Executive Office Anthony Moscato, to challenge the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), as well as the regulations, policies, and practices implemented under the new statute. The Court has consolidated these cases for the purpose of resolving in one Opinion the related issues raised by the parties.
In them complaints, plaintiffs assert the following claims: that the Interim Regulations implementing IIRIRA violate the intent of IIRIRA; that the INS fails to follow the Interim Regulations; and that IIRIRA and the Interim Regulations violate due process, equal protection, International Law, and the First Amendment.
Pending before the Court are defendants’ motions to dismiss all of plaintiffs’ claims pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Upon careful consideration of the pleadings, relevant statutes, case law, and the record herein, defendants’ motions to dismiss are GRANTED.
I. STATUTORY FRAMEWORK
The complexity and intricacy of IIRIRA, the Interim Regulations, and plaintiffs’ challenges compel the Court to explain in detail the statutory framework of IIRIRA, prior to discussing and resolving the claims of the individual and organizational plaintiffs.
A. Prior System
These consolidated lawsuits challenge the statutory provisions governing the admittance of aliens arriving at this country’s borders. Prior to the implementation of IIRI-RA, aliens arriving at a United States port of entry were required to establish to an immigration inspector’s satisfaction that they were entitled to enter the United States. If an immigration inspector was doubtful of an alien’s right to enter, the inspector referred the alien to a process known as “secondary inspection.” During secondary inspection, an immigration inspector briefly interviewed the alien. At that time, the alien could withdraw her application for admission voluntarily. In the event the alien chose not to withdraw her admission application, the alien was entitled to an exclusion hearing. An exclusion hearing was held before an immigration judge, a decision-maker independent of INS. The alien had a right to counsel and was given a list of persons providing free legal services. An alien was then entitled to present evidence and to challenge the government’s evidence. If needed, foreign language interpretation was provided by the government. The alien was then entitled to appeal an adverse decision of the immigration judge to the Board of Immigration Appeals.
B. New System
1. Purpose of IIRIRA
IIRIRA substantially amended the Immigration and Nationality Act of 1952 (“INA”) and established a new summary removal process for adjudicating the claims of aliens who arrive in the United States without proper documentation. The decision to adopt an “expedited removal” system was prompted by Congress’s finding that “thousands of aliens arrive in the U.S. at airports each year without valid documents and attempt to illegally enter the U.S.” H.R.Rep. No. 10