Expedited removal is one of the most powerful enforcement tools available to immigration authorities. It allows officers to order the deportation of certain individuals without a hearing before an immigration judge. Recent expansions have significantly broadened its reach.
What Is Expedited Removal?
Under INA section 235(b)(1), immigration officers may order the removal of individuals who are inadmissible because they lack valid immigration documents or committed fraud. Unlike standard removal proceedings, expedited removal does not involve a hearing before a judge and has extremely limited judicial review.
The Expansion
The statute authorizes expedited removal for individuals who have not been continuously present in the U.S. for two years and who were not admitted or paroled. Previously, the policy was limited to individuals encountered within 100 miles of the border and within 14 days of entry. The current administration has implemented the full statutory scope nationwide.
Protections for Asylum Seekers
Individuals subject to expedited removal who express a fear of persecution or torture must be referred for a credible fear interview with an asylum officer. If the officer finds credible fear, the individual is placed in standard removal proceedings before an immigration judge and may apply for asylum. If credible fear is not found, the individual may request review by an immigration judge.
Who Is Exempt
- Lawful permanent residents (green card holders)
- Individuals who have been admitted or paroled into the U.S.
- Individuals who can demonstrate continuous physical presence for two or more years
- Unaccompanied minors (transferred to HHS custody)
How to Protect Yourself
- Always carry proof of your immigration status if you have one
- If stopped, clearly express any fear of return to your home country
- Do not sign any documents without understanding them
- Request to speak to an attorney