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Understanding Expedited Removal Orders in the United States

Apr 22, 2024 | Expedited removal, immigration, removal, Waivers

Introduction

Expedited removal is a process used by U.S. immigration authorities to quickly deport certain people who are in the United States without proper documentation or who have committed fraud or misrepresentation.

The statute governing expedited removal process can be found at INA § 235(b)(1).

In this blog post, I will explore the key aspects of expedited removal orders, including who is affected, the process involved, and what rights and remedies individuals have in such cases.

Who Is Subject to Expedited Removal?

Expedited removal can apply to individuals who meet the following criteria:

Arrival at a Port of Entry: Individuals who arrive at a U.S. port of entry without proper documentation or with fraudulent documents may be subject to expedited removal.

Recent Unlawful Entry: People who entered the United States unlawfully by sea and cannot prove that they have been physically present in the country continuously for at least two years may be subject to expedited removal.

Additionally, those who cross a land border without inspection and are arrested within two weeks of their arrival and within 100 miles of the border are also subject to expedited removal.

Misrepresentation or Fraud: Individuals who have engaged in fraud or misrepresentation to obtain immigration benefits may also be subject to expedited removal.

Process of Expedited Removal

The process of expedited removal typically involves the following steps:

Detention: Upon determination that an individual is subject to expedited removal, immigration authorities may detain them.

Interview: The individual will be interviewed by immigration officers to determine their eligibility for expedited removal. During this interview, individuals have the right to present evidence and explain their circumstances.

Removal Order: If the immigration officers find that the individual is subject to expedited removal, a removal order will be issued. This order can be issued without a hearing before an immigration judge.

No Appeal: Individuals who receive an expedited removal order do not have the right to appeal the decision. However, they may have the opportunity to seek review from a supervisor or pursue other legal options.

Rights of Individuals in Expedited Removal Proceedings

While individuals subject to expedited removal do not have the right to a hearing before an immigration judge, they do have certain rights, including:

Right to Present Evidence: Individuals have the right to present evidence in support of their case during the interview with immigration officers.

Right to Medical Care: Individuals have the right to receive necessary medical care while in detention.

Waiver Required to Seek Admission Again

If an individual has been issued an expedited removal order and are removed from the United States, they may be required to file a waiver of inadmissibility, depending on their specific situation.

Conclusion

Expedited removal is a process used by U.S. immigration authorities to quickly deport certain individuals who are in the country unlawfully or who have committed fraud.

Understanding the process and the rights of individuals subject to expedited removal is crucial for those affected by this procedure.

Seeking entry again after having been issued an expedited removal order, an individual may be required to seek a waiver.

It is important to speak with an experienced immigration attorney to see how an expedited removal order may be overcome!

Ruchi Thaker