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-citizeattorneyns 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 U.S. 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 U.S. 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.
Expansion of Expedited Removal
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.
- The individual was not inspected by an immigration officer.
- The individual cannot prove that he or she has been continuously present in the United States for more than two years.
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.
Problems Associated with Expedited Removal
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 U.S. 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 U.S. That means that the process, or lack of, affected nearly 200,000 people that year.
Avoiding Expedited Removal
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.
- Stay calm, respectful, and patient. It may be tempting just to admit to allegations so you can get out of the investigation process and go home. You may think that you can challenge a decision later. However, that is not possible—and having an expedited removal on your “record” based on fraud or misrepresentation can bar your reentry to the United States indefinitely. It is essential to stay focused and remain truthful throughout the process.
- Produce visitation documents. If you are just visiting the U.S., be prepared to provide materials that you do not plan to stay. This may include a return flight ticket, proof that you have a bank account in another country, or other evidence of property ownership outside of the U.S.
- Withdraw your application. If you did misrepresent information on your application or there has been a mistake, it may be a good idea to recant the statement or withdraw your application. This type of action will not allow you to avoid deportation, but it can prevent the lifetime ban on returning to the U.S.
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 attorneys on our team can help. Contact Familia America to learn more.