In an effort to streamline the deportation process, Congress enacted a Summary Exclusion procedure as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRAIRA").  The Summary Exclusion law, which has been in effect since April 1, 1997, permits an INS officer at any U.S. port of entry to summarily exclude and deport (refuse admission) applicants who are found to be inadmissible on account of either:

       1.     Failing to have proper entry documents; and/or
 
       2.     Having made misrepresentations (fraud) in connection with their attempted entry into the U.S.

Summary Exclusion is a very harsh and somewhat controversial policy, as the applicant is generally denied representation and/or consultation with an attorney and there is no judicial review of or appeal from a summary exclusion decision.  An applicant for admission who is summarily excluded may not request entry into the U.S. for 5 years after the date of exclusion, unless a waiver of inadmissibility is granted by the INS.  For these reasons, it is extremely important that anyone seeking admission into the U.S. has a clear understanding of the exact nature and extent of the visa status under which they are attempting to enter and that they have all of their immigration papers and documents ready for presentation to the officer at the port of entry.  This may also help to avoid accusations by a immigration officer that an applicant was engaging in fraud in connection with an attempted entry when the applicant was merely uncertain or unclear about the terms and conditions of his/her immigration documents.