BPA Immigration Law and Policy Flashcards

What is the legal definition of 'entry without inspection' (EWI)?

Answer: Crossing the U.S. border at a location other than a designated port of entry without authorization

Entry without inspection (EWI) refers to physically crossing the border at an unofficial location while evading Border Patrol inspection.

Which treaty or protocol obligates the United States to protect refugees and not return them to countries where they face persecution?

Answer: The 1967 Protocol Relating to the Status of Refugees

The United States is bound by the 1967 Protocol, which incorporates non-refoulement obligations — prohibiting return of individuals to places where they face persecution.

What action must a Border Patrol Agent take if a detainee claims a fear of return to their home country?

Answer: Refer the individual to a USCIS asylum officer for a credible fear interview

Federal law requires that individuals who express a fear of return be referred to USCIS for a credible fear interview before any removal can occur.

What is the maximum distance from the U.S. border within which Border Patrol has expanded search authority without a warrant?

Answer: 100 miles

Federal regulations authorize Border Patrol to operate checkpoints and conduct warrantless searches within 100 air miles of any external U.S. boundary.

Which agency has primary responsibility for removing (deporting) individuals after they have been ordered removed by an immigration judge?

Answer: U.S. Immigration and Customs Enforcement (ICE)

ICE's Enforcement and Removal Operations (ERO) is responsible for executing final orders of removal issued by immigration courts.

What is 'overstay' in immigration terminology?

Answer: Remaining in the U.S. beyond the authorized period granted at entry

An overstay occurs when a person legally admitted to the U.S. remains beyond the expiration date on their I-94 record.