In most instances a foreign national who the United States government officials consider deportable is not sent away from the U.S. instantaneously, but is first allowed a full hearing before an immigration judge. However, there are certain circumstances under which the Department of Homeland Security (DHS) can deport a person who has no immigration status, without giving that individual an option to see an immigration judge.
The procedure for an “expedited removal” can happen in a matter of hours or days. By law and within the bounds of the agency’s discretion, it applies to persons encountered by immigration authorities.
Categories of Individuals Who May Be Placed Into Expedited Removal Proceedings
Only “Arriving Aliens” (people attempting to enter the United States at a border or other lawful entry point and people who recently entered the U.S illegally) may be placed in expedited removal proceedings. Before issuing an expedited removal order, a U.S. immigration agent must determine that the person is inadmissible to the U.S. based on having either:
- Lied or misrepresented a material fact, including falsely claiming U.S. citizenship in acquiring U.S. entry documents or admission or
- Entered the U.S. without inspection or without a valid entry document (such as a visa or border crossing certificate) or travel document (such as a passport)
While many people are inadmissible for one of these reasons, not all of them will be subject to expedited removal. Specifically, the government may initiate such proceedings immediately.
Entering Through an Appointed Port of Entry
Expedited removal is most commonly done at designated ports of entry including:
- Airports
- Sea ports and
- Land border crossings
If you are pursuing admission to the U.S. at a port of entry and the border officer decides that you do not have valid documentation or that you have lied about anything related to your admissibility, the agent will initiate expedited removal proceedings and you will be deported instantly.
Crossing Into the U.S. by Sea
Foreigners who arrive in the U.S. by sea and not at a designated port of entry (for example, a cruise ship) or who are interdicted at sea and brought to the U.S. may be subject to expedited removal for up to two years after having arrived. Being placed in ordinary proceedings or expedited proceedings is dependent on a number of factors which are at the discretion of the Department of Homeland Security (DHS). Always consult with an immigration lawyer for counsel to avoid deportation.
Unlawful Foreign Nationals Presently Living in the U.S.
In U.S. law, expedited removal processes are applicable only to people found less than 100 miles from the border from either Mexico or Canada who entered without inspection within 14 days or less. Regardless, always seek advice from an immigration attorney.
There are Exceptions Available and Government Discretion is Applicable to Expedited Removal
Countless exceptions are in existence. An individual whom the U.S. government officials encountered in one of the situations above mentioned can be sent to immigration court instead of expedited removal proceedings, depending on the person’s nationality, claim to immigration lawful status, or fear of returning to home country due to persecution.
Asylum Applicants
If you are facing the possibility of an expedited removal or deportation proceedings, but you notify the immigration official that you fear persecution or torture in your home country and you plan to seek asylum in the United States, the officer should not remove you immediately. Instead, you should be given the opportunity to speak with an asylum officer, who will decide whether you have a “credible fear” of returning to your home country.
Repercussions of an Expedited Removal Order
Anyone who is issued an expedited removal order, could face a five-year ban from reentry (for first time offenders), into the U.S. Additionally, a 10, 20 year or permanent ban based on circumstances could be provided. There might be no way to appeal an expedited removal order unless you strongly believe that the removal order was mistakenly given to you. Chances are that with the assistance of an immigration attorney you might be able to convince the DHS to reopen your case and reconsider the decision.
Visit With Your Local Attorney
Getting an expedited removal order can be quite disheartening. Without hesitation get the help you need from an expert immigration lawyer. Schedule an appointment with Gambacorta Law Office today and give us a call at 1-847-786-2599.