What Is Expedited Removal?
Under current immigration law, non-citizens do not always have the right to a removal or deportation hearing. In certain situations, immigration officers may summarily decide that you are inadmissible and that you may be removed without further review of your case. This is referred to as expedited removal.
1. At the border (or within 100 miles of the border)
Expedited removal is used most commonly to remove people who are determined to be inadmissible when attempting to enter the United States (or are within one-hundred miles of the border). This includes people who lack the documents required for admission, present false documents, misrepresent a material fact to obtain a visa or gain admission, or are inadmissible on security grounds. Once removed, you are barred from returning for five years.
You may be able to avoid expedited removal at the border if you indicate either a fear of persecution in your country of origin or that you intend to apply for asylum. In either case, the immigration officer must refer you to an asylum officer for an interview. If the asylum officer determines that your fear of persecution is credible (i.e., there is a significant possibility that you could establish eligibility for asylum), then you will be placed in removal proceedings, instead of being subjected to expedited removal. Later, if your application for asylum is granted, you will be able to remain in the United States indefinitely, as long as the circumstances in your country relating to your persecution remain unchanged.
2. For non-citizens who cannot show that they were present in the United States for 2 years prior to determination of inadmissibility
The Department of Homeland Security (DHS) may, in its discretion, put aliens who were either not admitted (e.g., entered illegally) or paroled in the expedited removal process. To avoid expedited removal in this situation an alien would need to show to the satisfaction of the interviewing immigration officer that they have been present in the United States continuously for at least two years before the determination of their inadmissibility. Although this section is not regularly enforced, it is among the powers that DHS wields and thus it is important to at least be aware of it.
3. For non-citizens convicted of aggravated felonies
Another situation in which a form of expedited removal is used is when non-citizens are convicted of aggravated felonies (see the article on aggravated felonies [provide link]). The government may hold removal proceedings at the federal, state, or local correctional facility where the aggravated felon is incarcerated. The purpose is to initiate and complete the removal proceedings, as well as any appeals, before the non-citizen is released. That way, when released, the felon is immediately subject to an order of removal.
If the convicted person is not a legal permanent resident, he or she has even less rights. Immigration and Customs Enforcement (ICE) can issue an administrative order of removal for a non-legal permanent resident. While no hearing is required, ICE must give the noncitizen a chance to inspect the evidence and rebut the charges. Once issued, the noncitizen has fourteen days to apply for judicial review. Alternatively, a district court judge may enter a removal order during the sentencing phase of a felony trial; this is referred to as “judicial removal”. In practice, judicial removal is extremely rare.
1. At the border (or within 100 miles of the border)
Expedited removal is used most commonly to remove people who are determined to be inadmissible when attempting to enter the United States (or are within one-hundred miles of the border). This includes people who lack the documents required for admission, present false documents, misrepresent a material fact to obtain a visa or gain admission, or are inadmissible on security grounds. Once removed, you are barred from returning for five years.
You may be able to avoid expedited removal at the border if you indicate either a fear of persecution in your country of origin or that you intend to apply for asylum. In either case, the immigration officer must refer you to an asylum officer for an interview. If the asylum officer determines that your fear of persecution is credible (i.e., there is a significant possibility that you could establish eligibility for asylum), then you will be placed in removal proceedings, instead of being subjected to expedited removal. Later, if your application for asylum is granted, you will be able to remain in the United States indefinitely, as long as the circumstances in your country relating to your persecution remain unchanged.
2. For non-citizens who cannot show that they were present in the United States for 2 years prior to determination of inadmissibility
The Department of Homeland Security (DHS) may, in its discretion, put aliens who were either not admitted (e.g., entered illegally) or paroled in the expedited removal process. To avoid expedited removal in this situation an alien would need to show to the satisfaction of the interviewing immigration officer that they have been present in the United States continuously for at least two years before the determination of their inadmissibility. Although this section is not regularly enforced, it is among the powers that DHS wields and thus it is important to at least be aware of it.
3. For non-citizens convicted of aggravated felonies
Another situation in which a form of expedited removal is used is when non-citizens are convicted of aggravated felonies (see the article on aggravated felonies [provide link]). The government may hold removal proceedings at the federal, state, or local correctional facility where the aggravated felon is incarcerated. The purpose is to initiate and complete the removal proceedings, as well as any appeals, before the non-citizen is released. That way, when released, the felon is immediately subject to an order of removal.
If the convicted person is not a legal permanent resident, he or she has even less rights. Immigration and Customs Enforcement (ICE) can issue an administrative order of removal for a non-legal permanent resident. While no hearing is required, ICE must give the noncitizen a chance to inspect the evidence and rebut the charges. Once issued, the noncitizen has fourteen days to apply for judicial review. Alternatively, a district court judge may enter a removal order during the sentencing phase of a felony trial; this is referred to as “judicial removal”. In practice, judicial removal is extremely rare.