1. What is expedited removal?

Expedited removal is a process used by the U.S. government to quickly deport individuals who are in the United States without proper legal permission or authorization, and who are considered inadmissible or removable by immigration officials. This process allows immigration officials to remove certain individuals from the country without having to go through an extensive court hearing or legal proceedings. Expedited removal can also be initiated when an individual has violated their visa terms or overstayed their authorized period of stay in the U.S.

2. What are the criteria for expedited removal?

The criteria for expedited removal are as follows:

1. The person must be arriving in the United States at a designated port of entry (i.e. an airport, seaport, or land border crossing) and must have not been admitted or paroled into the country by an immigration officer.

2. The person must not have valid entry documents or possess fraudulent documents.

3. The person must be inadmissible based on the Immigration and Nationality Act (INA) section 212(a)(6)(C) (fraud and willful misrepresentation of material fact to gain admission), section 212(a)(7) (lack of valid entry documents), or section 212(a)(9) (unlawful presence).

4. The person cannot establish that they have been physically present in the United States continuously for the two-year period immediately preceding their apprehension.

5. The decision to issue expedited removal is made by an immigration officer in accordance with the regulations and policies set forth by U.S. Citizenship and Immigration Services (USCIS).

6. Individuals may request to withdraw their application for admission, but this does not automatically stop an expedited removal order from being issued.

7. Expedited removal orders can only be appealed under limited circumstances with permission from USCIS or through filing a petition for review with the federal court.

Note: These criteria may vary depending on individual circumstances and changes in laws or policies.

3. What authority does DHS have to conduct expedited removal?

DHS (Department of Homeland Security) has the authority to conduct expedited removal under section 235(b)(1) of the Immigration and Nationality Act (INA). This authority allows DHS officers, such as Customs and Border Protection (CBP) agents, to quickly remove certain non-citizens at the border without a hearing before an immigration judge. This applies to individuals who are inadmissible or have committed fraud or misrepresentation, and who have not been physically present in the United States continuously for at least two years.
Additionally, section 238(d)(1) of the INA authorizes DHS to expand expedited removal beyond the border and apply it anywhere in the United States for individuals who are unlawfully present and cannot prove they have been continuously present in the United States for at least two years. This expanded authority is used primarily for individuals encountered within 100 miles of the border who have been in the country for less than two weeks.
Overall, DHS has broad authority to use expedited removal as a means to efficiently and swiftly remove certain individuals from the US that do not meet admission requirements.

4. What are the restrictions on expedited removal?

Expedited removal is a process used by the U.S. government to quickly deport certain foreign nationals who are inadmissible or have violated their status, without going through the traditional immigration court proceedings.

There are several restrictions placed on expedited removal, including:

1. Limited eligible individuals: Expedited removal can only be applied to individuals who entered the U.S. without proper documentation or authorization, and who have been in the country for less than two years.

2. Must be apprehended within 100 miles of the border: Expedited removal can only be applied to individuals who are apprehended within 100 miles of the U.S. border and have not been physically present in the country for more than two weeks.

3. Must waive right to seek asylum: Individuals subject to expedited removal must waive their right to seek asylum and other forms of relief from deportation such as withholding of removal or cancellation of removal.

4. Limited review process: Under expedited removal, there is minimal opportunity for an individual to challenge their deportation or present evidence in their favor.

5. Restrictions on re-entry: Individuals who are removed through expedited removal are barred from re-entering the U.S. for a period of five years, unless they receive advance permission from immigration authorities.

6. Exceptions for unaccompanied minors and asylum seekers: Unaccompanied minors and individuals who express fear of returning to their home country may not be subject to expedited removal and may have additional opportunities to seek relief from deportation.

It is important for individuals facing expedited removal to understand their rights and consider seeking legal counsel for guidance on how best to proceed with challenging their deportation.

5. How long is the expedited removal process?

The expedited removal process can vary in length depending on the circumstances of each case. Generally, it is a swift process and can be completed within a matter of days or weeks. However, if an individual decides to contest their removal or applies for asylum, the process may take longer. Additionally, delays may occur due to administrative issues or backlogs in the immigration court system.

6. Does the expedited removal process provide any due process rights?

Yes, the expedited removal process does provide some due process rights. Individuals subject to expedited removal have the right to make a claim for asylum or express fear of persecution in their home country. They also have the right to seek legal representation and request a non-refoulement interview, where an immigration officer will determine if removing them would result in a violation of international law. However, there is no hearing before a judge or court in the expedited removal process, and decisions can be made quickly without providing opportunities for full legal proceedings.

7. Can individuals in expedited removal request a hearing before an immigration judge?

No, individuals in expedited removal cannot request a hearing before an immigration judge. The decision to order an individual’s removal through expedited removal is made solely by a Customs and Border Protection (CBP) officer. If an individual expresses fear of returning to their home country, they may be referred for a credible fear interview with an asylum officer. However, this is not considered a hearing before an immigration judge and the asylum officer’s decision is final for the purpose of expedited removal proceedings.

8. What happens if an individual in expedited removal requests a hearing before an immigration judge?

If an individual in expedited removal requests a hearing before an immigration judge, they will not be able to do so immediately. The request will be reviewed by the Department of Homeland Security (DHS) within 48 hours to determine whether there is a reasonable fear of persecution or torture if returned to their home country. If the DHS determines that there is no reasonable fear, the individual will be removed from the United States. If they find that there is a reasonable fear, the case will be referred to an asylum officer for further review and a decision on whether to grant asylum or refer the case to an immigration judge for a hearing. If the asylum officer does not find a reasonable fear, the individual can still request a review with an immigration judge, but they will remain in detention until the review is completed.

9. Does expedited removal apply to asylum seekers?

Expedited removal is a process that allows certain non-citizens who are deemed inadmissible to the United States to be removed from the country without a hearing before an immigration judge. This process generally does not apply to asylum seekers, as they have protections under U.S. law that allow them to present their case for asylum before an immigration judge.

However, there are some circumstances where asylum seekers may be subject to expedited removal. This can occur if an asylum seeker expresses a fear of persecution or torture upon arrival at the border, but is determined by an asylum officer to not have a credible fear of harm. In these cases, the individual may be placed in expedited removal proceedings and will need to request a review of their case by an immigration judge in order to potentially avoid being removed from the country.

Additionally, if an individual enters the U.S. on a non-immigrant visa and then later seeks asylum, they may still be subject to expedited removal if they are deemed inadmissible for reasons unrelated to their claim for asylum.

Overall, while expedited removal typically does not apply to individuals seeking asylum, there are certain circumstances where it may still be used. It is important for individuals seeking protection at the U.S. border or within the country’s interior to understand their rights and seek legal assistance if facing any type of deportation or removal proceedings.

10. Are individuals in expedited removal eligible for other forms of relief from deportation?

Yes, individuals in expedited removal may be eligible for other forms of relief from deportation, such as asylum, withholding of removal, and protection under the Convention Against Torture (CAT). These forms of relief require individuals to meet specific criteria and go through a legal process before an immigration judge or asylum officer.

11. Does an individual in expedited removal have the right to an attorney?

Yes, an individual in expedited removal has the right to consult with an attorney, but they are not entitled to a government-appointed attorney. The individual must find and pay for their own legal representation. In some cases, there may be pro bono attorneys or organizations that can assist with providing a lawyer for free or at a reduced cost.

12. How can individuals appeal an expedited removal order?

Individuals can appeal an expedited removal order by submitting a written request for review to the U.S. Citizenship and Immigration Services (USCIS) within 48 hours of being served with the order. The request should include any evidence or documentation that supports the individual’s claim for admission into the United States. USCIS will then conduct a review to determine whether the expedited removal order was appropriate, and may reverse or modify the decision if warranted. If the order is ultimately upheld, individuals could also potentially file a petition for habeas corpus in federal court, but this should be done with the assistance of an immigration attorney.

13. What are the consequences of a person being placed in expedited removal?

If a person is placed in expedited removal, they will be subject to immediate deportation without the opportunity for a hearing or judicial review. They may also be barred from entering the United States for up to five years and may face penalties if they attempt to reenter during this time. Additionally, being placed in expedited removal can negatively impact their ability to obtain future visas or immigration benefits.

14. How does DHS inform individuals who are placed in expedited removal of their rights?

According to the U.S. Customs and Border Protection website, individuals who are placed in expedited removal proceedings are informed of their rights through a “Form I-860,” also known as the “Notice and Order of Expedited Removal.” This form is provided in English and Spanish or other languages if needed. It explains the reasons for the expedited removal, the individual’s right to seek asylum, and their right to communicate with a consular officer from their country of citizenship. It also informs them of their right to a non-refoulement interview, which is an opportunity to show that they will be harmed if returned to their home country. Additionally, CBP officers should provide information about free legal services available to them.

15. Is there a time limit for when DHS can conduct expedited removals?

Yes, DHS can conduct expedited removals at any time, without prior notice or a

specified time limit. However, there are certain circumstances where expedited removals cannot be conducted:

– The individual expresses a fear of persecution or torture in their home country
– The individual indicates that they intend to apply for asylum
– The individual is a lawful permanent resident (green card holder) or refugee
– The individual has previously applied for and been granted relief from removal

16. Does DHS need to provide notice to individuals being placed into expedited removal?

Yes, DHS must provide notice to individuals being placed into expedited removal. The notice must include the basis for the expedited removal, the consequences of failing to depart, and information on how to request withholding or deferral of removal.

17. Are immigrants granted legal counsel or representation in expedited removal proceedings?

In expedited removal proceedings, an immigrant is not automatically provided with legal counsel or representation. However, they do have the right to obtain their own lawyer at their own expense. Immigrants who are unable to afford an attorney may be eligible for pro bono legal services through various organizations and may also request a list of free or low-cost legal service providers from the Department of Justice’s Executive Office for Immigration Review. Additionally, immigrants in expedited removal proceedings can request a “reasonable” continuance (postponement) of their hearing in order to obtain legal representation.

18. Are those in expedited removal eligible for withholding of deportation or voluntary departure?

No, individuals who are in expedited removal are not eligible for withholding of deportation or voluntary departure. These forms of relief are only available to individuals who have been placed in removal proceedings and have the opportunity to present their case before an immigration judge. Expedited removal is a separate process where individuals may be quickly removed from the country without a hearing before an immigration judge.

19. How long does an individual remain in expedited removal once they are issued a final order of removal?

According to U.S. immigration laws, individuals who are subject to expedited removal remain in the custody of immigration authorities until their final administrative order of removal is executed. They may be held for up to 90 days while awaiting deportation or release into another country.

20. Are individuals in expedited removal eligible for any kind of review of their case outside of the immigration court system?

Yes, individuals in expedited removal may request a credible fear interview to determine if they have a valid claim for asylum or withholding of removal. This is separate from the immigration court system and is conducted by an asylum officer from U.S. Citizenship and Immigration Services (USCIS). If the individual is found to have a credible fear, they will be allowed to proceed with their immigration case in front of an immigration judge. They may also have the opportunity to appeal the decision if they are found not to have a credible fear.