Reinstatement of removal

Reinstatement of removal refers to an immigration enforcement procedure in the United States where a previously deported immigrant can be deported in subsequent illegal entry encounters and, except in very limited circumstances, with no required judicial review.

Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, reinstatement of removal only applied to people previously deported (not excluded) on grounds relating to certain criminal convictions, failing to register, falsification of documents, or security or terrorist related grounds.

Reinstatement of removal was introduced in legislation as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, passed by the 104th United States Congress and signed into law by then-United States President Bill Clinton, and active as of April 1, 1997.

The practice of reinstatement of removal has refined and evolved through a mix of legislation, guidelines by immigration enforcement agencies, and court decisions. These include:

Reinstatement of removal may apply to aliens (people who not United States citizens or permanent residents) who satisfy all these conditions:

Although the language of the statute refers only to prior orders of removal, section 309(d)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 clarifies that any reference in law to an order of removal should be interpreted to include orders of exclusion and deportation. Thus, reinstatement of removal applies to orders of removal, deportation, and exclusion.

An immigration officer who establishes that the alien meets all these requirements may decide to pursue a reinstatement of removal. This involves the following steps:

After the officer has determined that the alien meets the conditions for deportation, the officer reinstates the previous order of exclusion, deportation, or removal.

The immigration officer's decision is considered final and there is no scope for appeal within the immigration enforcement bureaucracy. However, courts of appeals in all jurisdictions in the United States have ruled that a noncitizen may appeal a reinstatement order to the court of appeals in the jurisdiction within 30 days of the reinstatement being issued. Filing an appeal does not automatically grant a stay of deportation, and the person must file a stay of removal. Conversely, being deported does not preclude a person from filing, or proceeding with, an appeal challenging the reinstatement.

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