September 1, 2010 On April 1, 1997, the United States
implemented an 'expedited removal' system that operated in
virtually complete secrecy and erected an unprecedented barrier
to the right to apply for asylum. Fleeing refugees could be
denied entry by a low-level Immigration and Naturalization
Service (INS) inspector as they arrived in the United States and
were not even allowed the chance to apply for asylum unless the
inspector believed based on an on-the-spot determination that
they had a legitimate fear of returning to their country.
Granting instant determination authority to officials with
little or no training to make these often life or death
decisions for the individuals involved was, not surprisingly,
disastrous. Problems related to interpretation, fear,
humiliation, confusion, and ignorance of American law, all
conspired to render this process discriminatory at best and
meaningless at worst. The ACLU leading a coalition of civil
rights organizations, refugee groups, and pro bono law firms
organize