What Is Expedited Removal?
This procedure can have serious consequences for someone who does not have valid immigration status or whom immigration authorities determine to be inadmissible. If you receive a notice related to possible removal or are concerned that you could be placed in removal proceedings, it is important to understand your rights and seek legal advice as soon as possible.
What Does Expedited Removal Mean?
Expedited removal is a procedure used by immigration authorities to quickly remove certain individuals who, depending on the circumstances, may be considered inadmissible to the United States.
Unlike regular removal proceedings, expedited removal can take place without the case initially being presented before an immigration judge.
This means the process can move much more quickly.
However, this does not mean that everyone who is in the United States without immigration status can automatically be removed through expedited removal. Whether the procedure applies depends on factors involving the individual, their immigration history, where they were encountered, and the circumstances of their entry into the country.
Who May Be Subject to Expedited Removal?
The application of this procedure depends on current immigration laws and policies and the specific circumstances of each case.
Historically, expedited removal was primarily used in certain cases involving individuals encountered near the border or people attempting to enter the country without authorization.
Immigration authorities have also had authority to apply the procedure to certain individuals encountered inside the United States who cannot demonstrate the required period of physical presence in the country under the applicable rules.
Because the scope and policies can change, you should not assume that you are or are not subject to expedited removal solely based on where you live.
Does Expedited Removal Require an Immigration Judge?
One of the main characteristics of this procedure is that it may be carried out without a full hearing before an immigration judge.
In regular removal proceedings, a person may have an opportunity to present their case before an immigration judge, apply for certain immigration benefits, and submit evidence.
Under expedited removal, however, an immigration officer may issue a removal order when the officer determines that the applicable requirements are met.
For this reason, it is especially important to immediately inform immigration authorities if you fear returning to your country or believe you may qualify for some form of immigration protection.
What Happens If I Am Afraid to Return to My Country?
This can be one of the most important aspects of the entire process.
If you express fear of returning to your country because you believe you could face persecution or torture, there may be a process for evaluating that fear.
Under certain circumstances, you may be referred for a credible fear process to determine whether there is a significant possibility that you could qualify for protection such as asylum, withholding of removal, or protection under the Convention Against Torture.
This does not automatically mean that you will be granted asylum. It means that your circumstances may require additional evaluation.
What Is a Credible Fear Interview?
A credible fear interview is an evaluation conducted by a specially trained immigration officer when a person expresses fear of returning to their country and is subject to certain removal procedures.
During the interview, you may explain why you are afraid to return and provide information about circumstances that could put you in danger.
It is important to be honest and provide complete information.
If you genuinely fear returning to your country, you should not hide that fear from immigration authorities.
Can I Apply for Asylum If I Am in Expedited Removal?
Under certain circumstances, a person subject to expedited removal may have an opportunity to apply for asylum or another form of protection.
However, each immigration benefit has specific eligibility requirements.
In addition, expressing fear of returning to your country does not guarantee that you will receive immigration protection.
If you believe you may have an asylum claim, it is advisable to seek guidance from an immigration attorney or an accredited representative before making important decisions about your case.
What Consequences Can Expedited Removal Have?
A removal order can have significant immigration consequences.
Depending on the circumstances, a person may face:
- Mandatory departure from the United States.
- Restrictions on returning to the country.
- Problems with future immigration applications.
- Consequences related to certain grounds of inadmissibility.
- Difficulties obtaining certain immigration benefits.
The exact consequences depend on the individual's immigration history and specific circumstances.
Can I Return to the United States After Expedited Removal?
Returning to the United States may not be easy.
A removal order can create consequences that make a future lawful entry more difficult.
The length and type of restriction may depend on factors such as:
- How the removal occurred.
- Your immigration history.
- Previous entries or attempted entries.
- How long you were in the United States.
- Previous immigration orders.
- Other immigration law violations.
For this reason, if you received an expedited removal order, it is important to understand exactly what document you received and what consequences it may have.
What Is the Difference Between Expedited Removal and Removal Before an Immigration Judge?
The main difference is the procedure involved.
Expedited Removal
It may be carried out administratively by immigration authorities without a full hearing before an immigration judge.
Regular Removal Proceedings
Generally, these proceedings involve an immigration judge, where the individual may present defenses or apply for certain immigration benefits if eligible.
This does not mean that a person subject to expedited removal has no rights. It means that the procedures and opportunities available may be different.
What If I Have a Pending Immigration Application?
Having a pending immigration application does not necessarily mean that a person is protected from all immigration enforcement actions.
For example, someone may have a pending application and still encounter immigration problems depending on their circumstances.
If you have a pending application, it is important to keep information and documents that demonstrate your immigration situation available when appropriate.
What If I Have a Green Card?
Lawful permanent residents have a different immigration status from individuals who have never obtained lawful status.
However, having a Green Card does not mean that a person is completely immune from removal proceedings.
Certain conduct or criminal convictions can create immigration problems.
If you are a lawful permanent resident and are facing an issue with immigration authorities, it is advisable to speak with an attorney before signing documents or agreeing to leave the United States.
What Should I Do If I Am Detained?
If you are detained by immigration authorities, try to remain calm and do not provide false information.
You can ask why you are being detained and, depending on the circumstances, exercise the rights available to you.
You may also ask to speak with an attorney. The rules regarding legal representation in immigration proceedings are different from those in criminal proceedings, so it is important to understand what legal assistance may be available.
Should I Sign Immigration Documents?
You should never sign a document that you do not understand.
Immigration documents can have significant consequences, and some may affect your ability to remain in or return to the United States.
If you do not understand a document presented by immigration authorities, you can ask what it means and, when possible, seek legal advice before signing.
Can I Fight Expedited Removal?
Your options depend entirely on the circumstances of your case.
A person may have certain protections or procedures available, particularly if they fear persecution, torture, or other circumstances that could qualify them for protection.
However, your legal options may be affected by your immigration history, previous entries, prior removal orders, and other factors.
For this reason, acting quickly can be important.
What Documents Should I Keep?
If you have any immigration history, it is a good idea to keep copies of important documents, such as:
- Passport.
- Visa.
- Green Card.
- Employment authorization document.
- Immigration applications.
- USCIS notices.
- Immigration court documents.
- Removal orders.
- Documents related to previous entries.
- Evidence of pending applications.
If you are detained, this information may be important for an attorney evaluating your situation.
When Should I Consult an Immigration Attorney?
It is advisable to seek legal advice as soon as possible if:
- You have been detained by immigration authorities.
- You have been told that you may be subject to expedited removal.
- You are afraid to return to your country.
- You received a removal order.
- You have a prior removal order.
- You have entered the United States multiple times.
- You have a pending asylum application or another immigration benefit.
- You are a lawful permanent resident facing an immigration problem.
- You have been asked to sign documents you do not understand.
Time can be especially important when a person is detained or facing a potentially fast removal process.