On September 30, 1996, President Bill Clinton signed into law, the Illegal Immigration Reform and Immigrant
— Based Bandita (@BasedBandita) December 7, 2025
Responsibility Act (IIRIRA), which allows for immediate deportation, WITHOUT a judicial hearing, via a process called "expedited removal."
All that “due process” leftist…
Title III also outlines the new “removal” proceedings that replace the current “deportation” judicial process. A key change is the elimination of “suspension of deportation” relief which allows aliens to adjust to permanent residency if they have been in the US for seven years, have no criminal history and there deportation would cause an extreme hardship to a US citizen or permanent resident immediate relative. Suspension of deportation is replaced by a new remedy called “cancellation of removal” that is very similar but differentiates between the treatment of green card holders in removal proceedings and nonimmigrant aliens. Green card holders are eligible for relief from removal if they have had their green card for at least five years, they have resided continuously in the US for seven years after being approved for permanent residency and they have not been convicted of any felony. Cancellation of removal is available to certain nonimmigrants that have been physically present in the US for 10 years, that have been persons of good moral character during this period, have not been convicted of certain serious crimes and who can show that extreme hardship would result for a US citizen or permanent resident spouse, parent, or child. Only 4,000 cancellations of removal may be granted in a single fiscal year.
Title III also imposes new rules for “voluntary departure,” the remedy that allows someone to leave the US on their own accord in order to avoid being deported and facing bars on being readmitted to the US. To be granted voluntary departure, an applicant must meet the following test:
the applicant has been physically present in the US for at least one year before being served a notice
has been a person of good moral character for at least five years
the alien is not deportable on certain specific grounds
the alien has the means to depart the US and intends to do so.1A common feature in the new law is the elimination of many previously available avenues for judicial review of INS actions. The new law spells out the cases not subject to review and sets out rules for the few cases where appeals are still possible.
IIRIRA 96 adds a number of new crimes to the list of those which subject an alien to deportation. A number of new crimes from the new Anti-Terrorism law are added and the threshold for fines and sentences triggering deportation are, in many cases, lowered. The INS is also authorized to develop demonstration projects to make it easier to identify inmates subject to deportation and to require aliens on probation or parole to register with INS. States are also now eligible for new funds as reimbursement for the incarceration of criminal aliens. And prior to October 1, 1997, the Attorney General must submit a report to Congress detailing the number of illegal aliens in American prisons for felony convictions and listing the number of incarcerated prisoners for each type of crime.
Throughout IIRIRA, there are new provisions which prevent individuals or classes of persons from either suing the government or appealing INS or lower court decisions. The following are some examples:
No court can accept jurisdiction in most cases where person assert an interest under legalization provisions in the Immigration and Nationality Act
more:
https://www.visalaw.com/blog-archive/iirira-96-a-summary-of-the-new-immigration-bill/
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