Definition and Purpose of INS Form I-213
INS Form I-213, known as the "Record of Deportable/Inadmissible Alien," is a crucial document utilized by U.S. Immigration and Customs Enforcement (ICE). This form is employed to collect and record detailed information about noncitizens who have been apprehended by immigration authorities. The information documented on the I-213 is essential for establishing a noncitizen's identity, immigration history, and the legal grounds for their removal from the United States.
The I-213 serves several purposes, including:
- Documenting Biographical Information: It captures essential details such as the individual's name, date of birth, and country of citizenship.
- Recording Entry Information: The form notes the date, place, and manner of entry into the U.S., or states if this information is unknown.
- Immigration and Criminal History: It includes records of prior interactions with immigration authorities and any criminal charges.
Key Elements of INS Form I-213
The I-213 contains several critical sections that provide comprehensive information about the apprehended individual. Understanding these elements is vital for anyone involved in immigration proceedings.
- Biographical Data: This section includes the individual's full name, date of birth, and country of birth or citizenship.
- Entry Information: It details how and when the individual entered the U.S., including any relevant circumstances surrounding their entry.
- Immigration History: This part outlines the individual’s previous encounters with immigration authorities, including any past deportations or applications for relief.
- Criminal History: Any criminal records or pending charges are documented here, which can significantly impact the removal process.
- Statements: This section records information gathered during interviews with Department of Homeland Security (DHS) officers, covering topics such as financial status and family connections.
- Narrative: A semi-structured narrative section provides context about the apprehension, including details about the circumstances leading to the encounter.
How INS Form I-213 is Used in Legal Proceedings
INS Form I-213 plays a pivotal role in immigration court proceedings. It is often used as evidence to support the government's case for removal. The form's reliability is generally recognized by courts, unless its accuracy is successfully challenged.
Key uses of the I-213 in legal contexts include:
- Initiating Removal Proceedings: A DHS officer prepares the I-213 before filing a Notice to Appear (NTA) in immigration court.
- Establishing Identity and Deportability: The information contained in the I-213 is used to prove the individual’s identity and the legal grounds for their deportation.
- Supporting Legal Arguments: Attorneys may use the I-213 to argue against the validity of the charges or the methods used to obtain information.
Challenges and Considerations for Attorneys
For legal representatives of noncitizens, the I-213 presents both challenges and opportunities. Attorneys often scrutinize the accuracy of the information contained in the form, as it directly influences the outcome of removal proceedings.
Key considerations include:
- Challenging Accuracy: Attorneys may argue that the information was obtained under duress or is otherwise inaccurate.
- Understanding Coercion: Legal representatives must assess whether statements made by their clients were coerced during the interview process.
- Utilizing the Narrative: The narrative section can provide insights into the apprehension circumstances, which may be leveraged in defense strategies.
Who Typically Uses INS Form I-213?
INS Form I-213 is primarily used by immigration enforcement agencies, including ICE and DHS. However, various stakeholders in the immigration process may interact with this form.
Typical users include:
- DHS Officers: They complete the form during the apprehension of noncitizens.
- Immigration Attorneys: Legal representatives use the form to prepare defenses for their clients.
- Immigration Courts: Judges rely on the information in the I-213 to make informed decisions regarding removal cases.
Examples of INS Form I-213 in Action
Real-world scenarios illustrate how INS Form I-213 is applied in immigration cases. Understanding these examples can provide clarity on its practical implications.
For instance:
- Case of a Prior Deportee: A noncitizen previously deported may have their I-213 used to establish a pattern of immigration violations.
- Unaccompanied Minors: The I-213 can document the apprehension of minors, detailing their entry and any family ties in the U.S.
- Criminal Charges: If a noncitizen has a criminal record, the I-213 can be pivotal in demonstrating the grounds for removal.
Obtaining and Completing INS Form I-213
INS Form I-213 is typically generated by DHS officers at the time of apprehension. However, understanding how the form is completed and the information it requires is essential for those involved in immigration proceedings.
Steps to ensure proper completion include:
- Accurate Data Entry: Officers must ensure that all biographical and entry information is accurately recorded.
- Thorough Interviews: Conducting comprehensive interviews to gather necessary statements and details is crucial.
- Reviewing for Completeness: The form should be reviewed to ensure all relevant sections are filled out before submission.
