Which group is NOT entitled to protection under INA 240?

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The correct response indicates that stowaways, individuals inadmissible for national security reasons, and certain crew members are not entitled to protection under INA 240. This provision of the Immigration and Nationality Act (INA) primarily focuses on the removal proceedings and relief from removal for specific groups of individuals.

Stowaways are typically not afforded the protections that apply to asylum seekers or lawful permanent residents because they are often considered to have violated immigration laws from the outset. Individuals inadmissible for national security reasons pose significant risks and therefore do not get the same considerations. Certain crew members may also fall into categories that make them ineligible for the reliefs offered under INA 240.

Conversely, the other groups mentioned in the options are entitled to some form of protection and relief under INA 240. Asylees, lawful permanent residents, and refugees have legal standing that allows them access to certain protections, such as the right to appeal removal orders. Individuals with pending applications, including employment-based visa holders and students, also retain rights under the INA while their applications are processed. Tourists and participants of visa waiver programs might face removal but are also entitled to certain rights during that process, unlike the groups indicated in the correct answer.

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