Expedited removal is a process that was created in 1996. It allows lower-level deportation officers, including those that work with the Department of Homeland Security, to deport non-citizens through a faster process. These individuals generally will have committed fraud or misrepresentation to trigger this process.
Since 2004, however, this process has been expanded and used against those who have been in the US for a very short amount of time, including those who are at the border when detained. It has also been used against those who got to the US within two weeks of being arrested and who were captured within 100 miles of either the Mexican or Canadian border. In 2017, it underwent a significant expansion again.
In February 2017, the expedited removal process was expanded in practice. Although the law technically did not change, the use of expedited removal was authorized beyond the borders where it was previously used. Now, any individual who meets the following two-part test may be removed.
Clearly, this new procedure expands the use of expedited removal to far beyond areas near the border. A Salt Lake City immigration attorney will be able to explain the full breadth of this expansion.
This fast deportation process takes away many of the rights that are granted to other people. This includes the right to an attorney and the right to have a hearing before a judge before deportation. Currently, anyone who appears at the border or is detained anywhere else in the US without the proper documentation can be removed. There is also no right to appeal the deportation officer’s decision. They are detained until they are removed.
The use of expedited removal has been on the rise for the past several years. In fact, in 2013, it was used in 44% of all removals in the US That means that the process, or lack of, affected nearly 200,000 people that year.
Your rights are extremely limited in a situation involving expedited removal. The best way to prevent this type of situation is to go through the inspection process as required at the border. You can use the following suggestions to make the process run more smoothly.
Although your rights are limited in an expedited removal situation, you may still be able to do something about it. The Salt Lake City immigration attorney and legal professionals on our team can help. Contact Familia America to learn more .
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Attorney Gloria Cardenas brings more than 30 years of experience in immigration law to help protect the rights of clients and their family members. She and her knowledgeable team at Familia America work diligently behind the scenes to help process fiancé visa applications as quickly as possible. To learn more, contact the legal professionals at Familia America in Salt Lake City and schedule a consultation to discuss your case.
