Within the past 48 hours, INS has instructed all ports of entry not to grant I-193 waivers, except in circumstances involving dire medical or humanitarian emergencies. Accordingly, district directors and their designees no longer have the discretion under 8 CFR §212.1(g) to waive the requirement of a valid visa or border crossing card and/or passport, on a case-by-case basis. Moreover, aliens lacking the requisite documents who refuse to withdraw their applications for entry will be taken into custody and placed in expedited removal proceedings. This applies even where an alien has a valid visa, but seeks entry in another status. For instance, a B-1 business visitor who changes to H-1B status in the U.S. but fails to obtain an H-1B visa on his or her next departure, then seeks re-entry in H-1B status, will be subject to expedited removal.

Already within the past 2 days, at a major international POE, numerous aliens otherwise entitled to E, H, L and P status have been placed in custody and subjected to expedite removal on this basis.