Who May be Subject to the “Expedited Removal” Process?

At Kriezelman Burton & Associates, LLC, we understand the complexities and challenges associated with immigration law in the United States. One area that often causes significant concern is the Expedited Removal Process. This blog post aims to explain what expedited removal entails, who may be subject to it, and the steps individuals can take to protect their rights.

What is the Expedited Removal Process?

The Expedited Removal Process is a swift deportation procedure that allows the Department of Homeland Security to remove certain undocumented individuals from the United States without a hearing before an Immigration Court. This process was established under the Illegal Immigration Reform and Immigration Responsibility Act (IIRAIRA) and has been expanded in recent years to include more categories of individuals.

Key Differences From Other Immigration Procedures

• No Hearing: Unlike regular removal proceedings that involve a hearing before an Immigration Judge, expedited removal does not provide this opportunity.
• Limited Relief Options: Individuals subject to expedited removal have fewer options to apply for relief compared to those in regular removal proceedings.
• Reentry Bans: Expedited removal can result in a reentry ban ranging from five years to permanently, depending on the circumstances.

Who May Be Subject to the Expedited Removal Process?

Several categories of individuals may be subject to expedited removal:

Entry Without Proper Documentation:

• Individuals attempting to enter the U.S. without appropriate entry documents, such as a visa or passport.

Fraud or Misrepresentation:

• Individuals who have committed fraud or misrepresented material facts upon entry, including falsifying U.S. citizenship.

Overstay:

• Individuals who overstay their admission date without proper authorization.

Reentry After Previous Removal:

• Individuals who attempt to reenter the U.S. after being previously removed without inspection.

Extended Criteria Under Recent Policies:

• Under expanded criteria, any undocumented immigrant found within the U.S. who cannot provide evidence of continuous presence in the country for over two years.
• Undocumented immigrants found within 100 miles of the U.S. border who have been in the country for more than 14 days but less than two years.

Steps to Protect Your Rights

If you or someone you know may be subject to expedited removal, it is crucial to take immediate action to protect your rights:

Seek Legal Assistance Immediately:

• Contact experienced immigration attorneys, such as those at Kriezelman Burton & Associates, LLC, who can provide reliable guidance.

Understand the Notice Requirements:

• DHS is required to provide notice of their intent to issue an expedited removal order. Pay close attention to any documentation received.

Act Quickly to Contest the Order:

• There is a limited timeframe to contest an expedited removal order. Request a review before the Court of Appeals if necessary.

Credible Fear and Reasonable Fear Determinations:

• If you fear persecution or torture if returned to your home country, you may seek additional relief through credible fear or reasonable fear determinations. Our firm is experienced in these processes and can assist you.

Documentation and Evidence:

• Gather and present any documentation proving your continuous presence in the U.S. for over two years to challenge the applicability of expedited removal.

Get In Touch

Navigating the Expedited Removal Process can be daunting and complex. At Kriezelman Burton & Associates, LLC, we are committed to providing aggressive and professional legal representation to help you fight removal orders and protect your rights. If you have any concerns about expedited removal or need assistance, please do not hesitate to contact us for a confidential consultation.