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What is Expedited Removal of Immigrants?
What is Expedited Removal of Immigrants?
Expedited removal is a process by which low-level immigration officers can quickly deport certain noncitizens who are undocumented or have committed fraud or misrepresentation. Established by statute in 1996, expedited removal applies to noncitizens who arrive at a port of entry if they do not have entry documents or have committed fraud or misrepresentation. It has also been expanded to noncitizens who entered by sea without inspection and who have been in the country for less than two continuous years. Under expedited removal processes, certain noncitizens are deported in as little as a single day without an immigration court hearing. On July 23, 2019, the Department of Homeland Security (DHS) announced a significant expansion of expedited removal. Under the expanded policy, individuals who are undocumented, who entered the U.S. without inspection, and who cannot prove they have resided in the United States for more than two years potentially will face expedited removal. The new expanded expedited removal guidelines took effect immediately, but immigration advocates have challenged the expansion in court.Expedited removal has become a bedrock of the United States’ processing of noncitizens, particularly at the southern border. Limited protections for those who should not be summarily removed—particularly asylum seekers—are problematic in the enforcement of expedited removal because statistics covering the first few years of its enforcement clearly indicate that, from its inception, the procedure has been used in a discriminatory manner. Asylum adjudications are complex and the stakes are life-and-death, yet far too often fairness is sacrificed for speed. Expedited removal typically forces asylum seekers to undergo their screenings in a carceral setting, usually in Immigration and Customs Enforcement (ICE) detention centers.AILA opposes the expansion of expedited removal because it would put undocumented people nationwide at risk of deportation without due process. It would not improve border security or migrant processing at the border because expedited removal already applies. This power could be used to deport people in mass numbers which would be disastrous for American families.If you have legal status, you are not subject to expedited removal. If you are a U.S. citizen, LPR, or legal status holder (for example, an asylum seeker, U visa applicant, T visa applicant) and encountered by an immigration officer, notify the officer of your citizenship or status and show supporting documents. Do not lie about your citizenship.For more information, you can visit the following websites:
- Reddit.com: https://www.reddit.com/r/immigration/
- Quora.com: https://www.quora.com/topic/Immigration-Law
- Avvo.com: https://www.avvo.com/immigration-lawyer.html
- Lawinfo.com: https://www.lawinfo.com/immigration/
- Americanimmigrationcouncil.org: https://www.americanimmigrationcouncil.org/topics/immigration-enforcement/expedited-removal
- Immigrationforum.org: https://immigrationforum.org/article/expanded-expedited-removal-what-it-means-and-what-to-do/
- Migrationpolicy.org: https://www.migrationpolicy.org/article/title-42-expulsions-policy
- Justia.com: https://www.justia.com/immigration/deportation-removal/deportation-without-a-hearing/expedited-removal/
- Ice.gov: https://www.ice.gov/news/releases/ice-announces-new-process-placing-family-units-expedited-removal
- Immigrantjustice.org: https://immigrantjustice.org/research-items/too-fast-fairness-expedited-removal-and-family-expedited-removal-management-program
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