CBP Policy Change Regarding Deferred Inspection of Returning Residents

CBP recently confirmed that, as of October 1, 2009, there is a greater risk that returning lawful permanent residents (“LPR”) of the United States with criminal convictions will be issued a Notice to Appear (“NTA”) at the Port of Entry, rather than at a deferred inspection at a later date.  The NTA has the effect of commencing removal proceedings before a U.S. Immigration Judge. 

Prior to this change in policy, most returning residents with criminal convictions were being granted deferred inspections.  CBP has changed this policy due to a growing number of individuals failing to appear for their deferred inspections.  

CBP also confirmed that there is an increased likelihood that returning LPRs with criminal convictions will be detained upon their application for admission at a Port of Entry.  Whether an LPR is detained will depend on several factors, including the nature of the conviction, CBP staffing, and available detention bedspace, among other factors.  CBP confirms that deferred inspection remains an available option to officers inspecting a returning LPR with a criminal conviction.