What is Expedited Removal?

Expedited removal is an immigration enforcement process in the United States in which an immigrant is denied entry and/or is physically removed from the country without going through typical removal proceedings. It generally applies to individuals encountered within 100 miles of a US border who have been in the country for less than 14 days and either lack valid entry documents or have used fraudulent ones. It is important to note that exceptions exist for asylum seekers who express a fear of persecution if returned to their home country and for those claiming lawful permanent resident, refugee, or asylum status. 

Key Takeaways

• Expedited removal is a process in U.S. immigration law that allows for the swift deportation of certain non-citizens without a hearing before an immigration judge.
• This process usually applies to individuals encountered within 100 miles of a US border who have been in the country for less than 14 days and either lack valid entry documents or have used fraudulent documents. 
• Individuals who express a fear of persecution if returned to their home country during the expedited removal process may be eligible for asylum. 

Understanding Expedited Removal

The expedited removal process is issued by United States Customs and Border Protection (CBP) officers at a Port of Entry (POE). The process can only be used in specific situations, such as:

• Entering a POE, such as an airport, seaport, or land border crossing without proper documentation or with fraudulent documents
• A border patrol officers encounters an undocumented immigrant within 100 miles of a land or coastal border and within 14 days of their entry
• An individual misrepresented facts about their eligibility to enter the U.S.
• An asylum officer determines that an immigrant’s credible fear claim is not credible
• An immigrant is not in possession of a passport valid for a minimum of 6 months from the date of the expiration of the initial period of stay

Knowing Your Rights in the Expedited Removal Process

It is critical to note that you are still entitled to certain rights while in the expedited removal process. For instance, there are protections through the asylum program for those who express a credible fear of persecution or torture if they were to return to their home country. If an individual in expedited removal proceedings claims that they want to apply for asylum, they are referred to an interview with an asylum officer. If the officer determines that the individual has proved that they have a credible or reasonable fear of persecution or torture, the expedited removal order will be canceled and he or she will be transferred to normal removal proceedings. However, if the individual is not successful in demonstrating credible or reasonable fear, his or her expedited removal order will remain in place.

Bottom Line

If you or a loved one are at risk of expedited removal or have questions about your immigration status, reach out to our experienced immigration attorneys. Our team is highly experienced in the complexities of expedited removal proceedings and can provide the guidance you need to navigate this challenging process. Book a consultation today at Attorney At Law.