BPA BPA Immigration Law and Policy 3 — Questions and Answers
Question 1: What is the legal definition of 'entry without inspection' (EWI)?
- Entering the U.S. at a port of entry without declaring all goods
- Crossing the U.S. border at a location other than a designated port of entry without authorization (Correct answer)
- Entering the U.S. with a fraudulent document at a port of entry
- Remaining in the U.S. beyond the authorized period of admission
Correct 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.
Question 2: Which treaty or protocol obligates the United States to protect refugees and not return them to countries where they face persecution?
- The Geneva Convention of 1949
- The 1967 Protocol Relating to the Status of Refugees (Correct answer)
- The Convention Against Torture
- The Hague Convention
Correct 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.
Question 3: What action must a Border Patrol Agent take if a detainee claims a fear of return to their home country?
- Immediately grant the person asylum
- Refer the individual to a USCIS asylum officer for a credible fear interview (Correct answer)
- Deport the individual immediately
- Release the individual on their own recognizance
Correct 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.
Question 4: What is the maximum distance from the U.S. border within which Border Patrol has expanded search authority without a warrant?
- 25 miles
- 50 miles
- 100 miles (Correct answer)
- 150 miles
Correct 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.
Question 5: Which agency has primary responsibility for removing (deporting) individuals after they have been ordered removed by an immigration judge?
- U.S. Border Patrol (USBP)
- U.S. Immigration and Customs Enforcement (ICE) (Correct answer)
- U.S. Citizenship and Immigration Services (USCIS)
- Department of State (DOS)
Correct 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.
Question 6: What is 'overstay' in immigration terminology?
- Entering the U.S. illegally at a non-port location
- Remaining in the U.S. beyond the authorized period granted at entry (Correct answer)
- Applying for a visa extension after it expires
- Working without authorization on a tourist visa
Correct 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.
BPA BPA Immigration Law and Policy 3
What is the legal definition of 'entry without inspection' (EWI)?