	Introduction

The power of Congress and the executive branch to legislate and implement the conditions for admitting aliens into the United States and permitting them to remain is so broad as to be virtually immune from judicial control. However, this power is still subject to constitutional limitations, including substantive and procedural due process protections. In immigration cases, the degree of judicial review of administrative decisions and actions that may be constitutionally required depends on the relative interests involved. In deciding what degree of judicial review is appropriate in immigration matters, Congress has sought to balance judicial review between fairness to desired immigrants (workers, family, refugees/asylees) and facilitation of the removal of detrimental aliens (national security risks/terrorists, criminals, public charges). Initially, a habeas corpus proceeding provided the primary avenue of judicial review of various immigration determinations. However, in the wake of U.S. Supreme Court decisions construing the Administrative Procedure Act (APA) as applying to and providing an avenue for judicial review of immigration adjudications, Congress amended the Immigration and Nationality Act (INA) of 1952 by adding a judicial review provision in 1961 that provided for review of deportation orders by federal courts of appeals, but only for habeas corpus review of exclusion orders by federal district courts. 2278 would generally continue the trend of limiting judicial review; S. 744 would more narrowly limit judicial review in certain instances of employer noncompliance with foreign worker visa programs. Removal and Detention

		Judicial Review of Removal Orders Under INA §24221

Judicial review does not provide a broad panacea to aliens subject to removal orders. Therefore, a federal appellate court may review denials of these types of relief. Additionally, an immigration officer or judge may order the removal of an arriving alien suspected of being inadmissible for certain national security grounds. Expatriation does not necessarily entail administrative adjudication or determination. Legislation in the 113th Congress

H.R. In contrast, S. 744 , as passed by the Senate, provides for judicial review of the various legalization avenues that the bill would establish; it does not include new restrictions on judicial review regarding removal/detention or visa denial or revocation, although it does include limits on judicial review in other contexts, such as penalties for employer noncompliance with various requirements for employing foreign workers. S. 744 contains some provisions restricting judicial review in the contexts other than the removal/detention and immigration benefits such as visa issuance and naturalization.
Congress has plenary or sovereign power over the conditions for admitting aliens into the United States and permitting them to remain. This power is so completely entrusted to the political branch to legislate and implement as to be largely free from judicial review. However, this power is still subject to constitutional limitations, including substantive and procedural due process protections. In immigration cases, due process may be a flexible concept and the particular procedures that may be constitutionally required depend on the relative interests involved.
Historically, immigration policy has sought to encourage and enable the admission and integration of desirable immigrants (workers, family, refugees/asylees), while discouraging and preventing the entry of undesirable aliens (national security risks/terrorists, criminals, public charges). Accordingly, in deciding what degree of judicial review is appropriate in immigration matters, Congress has sought a balance between a system that is fair to desired immigrants, yet facilitates the removal of undesired aliens. Initially, a habeas corpus proceeding provided the primary avenue of judicial review of various immigration determinations. In the wake of Supreme Court decisions construing the Administrative Procedure Act as applying to and providing an avenue for judicial review of immigration adjudications, Congress amended the Immigration and Nationality Act (INA) of 1952 by adding a judicial review provision in 1961 that provided for review by federal courts of appeal for deportation orders, but only for habeas corpus review of exclusion orders by federal district courts.
Beginning with the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), legislation and administrative actions have focused on reducing immigration litigation by limiting and streamlining both administrative appeal and judicial review procedures regarding removal of aliens and by rendering aliens in certain categories ineligible for certain types of relief from removal. Even when an alien may be considered for discretionary relief, judicial review of denials of relief from removal is restricted, as is review of removal orders issued to criminal aliens or national security risks. Also, the REAL ID Act restricted habeas review and certain other non-direct judicial review in response to U.S. Supreme Court holdings that such review was still available after the 1996 acts. In the 113th Congress, S. 744 and H.R. 2278, among other bills, would generally continue the trend of limiting judicial review; however, S. 744 provides for judicial review of its legalization programs.
This report will summarize judicial review for immigration matters, including visa denials and revocations; removal orders and detention; naturalization delays, denials, and revocations; expatriation; and legalization denials. Administrative adjudications such as removal proceedings or determination of immigration benefits such as naturalization are beyond the scope of this report.