Mandatory Removal Proceedings Act
The Mandatory Removal Proceedings Act would require the Department of Homeland Security (DHS) Secretary to immediately start removal proceedings for noncitizens whose visas are revoked on security or related grounds. Specifically, it amends Section 221(i) of the Immigration and Nationality Act to: (a) treat visa revocation on certain security-related grounds as a trigger for mandatory removal proceedings, (b) place such actions under the discretionary control of the Secretary of Homeland Security rather than undefined “his discretion,” and (c) add a bar to judicial review of the visa revocation in these cases. The removal proceedings would be conducted in accordance with section 236A, which governs removal procedures, and the bill includes an explicit exception for carriers. The overall aim is to accelerate the removal of individuals whose visas are revoked for security-related reasons by limiting discretionary delays and bypassing multiple avenues of review.
Key Points
- 1Mandatory removal trigger: If a visa is revoked for a security-related ground described in section 237(a)(4), the Secretary of Homeland Security must immediately initiate removal proceedings for that alien under section 236A.
- 2DHS control: The bill shifts the decision-making language from “his discretion” to “in the discretion of the Secretary,” centralizing authority within DHS.
- 3Judicial review limitation: The amendment includes language indicating there shall be no judicial review of the visa revocation in these cases, effectively limiting court challenges to the revocation itself.
- 4Framework for removal: The required removal proceedings would proceed under section 236A, i.e., within the established removal-process framework (often associated with expedited/removal procedures).
- 5Carriers exception: The text provides an exception related to carriers, indicating there is a carve-out or specific treatment for carrier-related circumstances in the process.