Expedited Removal of Foreign Nationals Under Deportation Law
In most cases, a foreign national who is found to be deportable from the U.S. will have the opportunity to challenge that finding at a hearing before an immigration judge. This does not apply in every situation, though. The process of expedited removal allows immigration authorities to deport certain types of foreign nationals who do not have legal status in the U.S. without going through a hearing before a judge. To be eligible for expedited removal, the foreign national must be classified as an arriving alien. This means that they are attempting to enter the U.S. at a border or port of entry, or they recently entered the U.S. unlawfully.
An immigration officer can issue an order of expedited removal (Form I-860) based on a finding that the foreign national is inadmissible to the U.S. on one of two possible grounds. First, they may be inadmissible because they lack a valid entry document or travel document. Also, they may be inadmissible because they falsely claimed U.S. citizenship or lied about another material fact, if this resulted in their admission to the U.S. Once you have been subject to an expedited removal order, you likely will be prevented from entering the U.S. for five years, assuming that this is your first expedited removal order. You cannot appeal the order, but you may have a slim chance of getting DHS to reconsider the order if you have reason to believe that it was improperly issued. You should hire an attorney for this process.
Conditions for Expedited Removal
If one of the two grounds of inadmissibility applies, a foreign national may be subject to expedited removal if they are found at a designated port of entry, or if they arrived in the U.S. by sea but not at a designated port of entry. Also, a foreign national may be subject to expedited removal if they are undocumented and have been in the U.S. for less than two continuous years.
A designated port of entry may be an airport, a seaport, or a land border crossing to Mexico or Canada. If you are inadmissible based on misrepresentations about your status or a lack of the appropriate documents, the Customs and Border Protection officer who makes this finding can arrange for your removal immediately. This is the most common setting for expedited removal. If you tried to enter the U.S. by raft or by another unofficial method of sea transportation, or if you were found at sea and brought to the U.S., you can be subject to expedited removal if you have been in the U.S. for less than two continuous years. (However, immigration authorities do not always use expedited removal in this situation.)
Expedited removal applies to undocumented immigrants found within 100 miles from a land border and who have entered the U.S. within the last 14 days. These rules and their application are subject to change.
Exceptions to Expedited Removal
You should be aware that expedited removal is not a mandatory process, and the federal government has developed policies that limit its application. If you are planning to seek asylum in the U.S., for example, you will not be subject to expedited removal. The authorities will transfer you to an asylum officer, who will conduct a credible fear interview to determine whether you may have a legitimate basis for seeking asylum. Also, you will be allowed to see an immigration judge if you are alleging under oath that you have a right to be in the U.S. as a citizen, a lawful permanent resident, or an asylee or refugee. (If you lied in making this statement, you may face severe penalties, possibly including a permanent bar from entering the U.S.) However, if you are applying for asylum after having been placed in expedited removal proceedings, you will not be able to get released on bond. This means that you will need to stay in immigration detention until your case is resolved.
For another example, citizens of Mexico and Canada usually will not face expedited removal if they previously entered the U.S. without inspection and have no criminal record or history of immigration violations. They may face expedited removal if they are found at the border or if they have criminal convictions or immigration violations on their record.
You may avoid having an expedited removal order issued against you if you agree to withdraw your application for admission after being found eligible for expedited removal at a designated port of entry. This means that you will return voluntarily to your home country, and you will not face the ban on reentry associated with an expedited removal order. An agreement for voluntary return still may have some immigration consequences if you apply for admission to the U.S. again.
