Deportation is a serious issue. A person who is forced to go back to his or her home country has likely committed a serious crime. During the regular deportation process, a person has the opportunity to go to immigration court and have a judge hear the case. It is possible to have the deportation process terminated, allowing the person to continue to stay in the United States.
However, there is also a much quicker process that does not allow a foreigner this opportunity. In the expedited removal process, a person can be removed from the United States quickly by the Department of Homeland Security. This person does not have access to many resources in terms of relief.
A foreigner may be subject to expedited removal if he or she commits a crime such as fraud or misrepresentation. A person who is undocumented and comes into the United States illegally can also be deported through the expedited removal process. A person who is on a visa waiver program and overstays in the United States can also face expedited removal.
If you or a loved one is facing expedited removal, your appeal options are limited. Seek legal help from a Kalamazoo immigration lawyer today to protect your rights.
Expedited removal was created in 1996 to allow immigration officers to quickly deport non-American citizens who committed certain crimes. Since 2004, immigration officers have used expedited removal to deport those who come into the United States without authorization and are within 100 miles of the Mexico or Canada border. Some are even deported at the U.S. border. An executive order signed by President Donald Trump in January 2017 orders the Department of Homeland Security to increase the use of expedited removal.
Under the law, certain individuals cannot be deported via expedited removal. U.S. citizens or lawful permanent residents (such as those holding a green card) should not be subject to expedited removal. It should also not be used against refugees or asylum seekers.
Allowing all immigration officers to use expedited removal at their discretion comes with issues. The immigration officer serves as a judge and prosecutor since the foreigners are not allowed inside a courtroom to defend themselves. The deportation process happens very quickly, and as a result, the person often has limited time to contact friends, family members, or a lawyer.
Because the deported person is not given an opportunity to defend him or herself, there is a good chance that this person is mistakenly being deported. There are no opportunities for relief or appeal. This means that the person could possibly be facing harm or even death in their home country upon return.
Expedited removal is a serious situation. If you are deported via this method, you have limited options for appeal. In addition, you could be banned from the United States for 20 years.
If you are in this situation, you need to act quickly. Time is of the essence. Protect your legal rights with help from the Kalamazoo lawyers at Kriezelman Burton & Associates, LLC. We can help you understand your options. Get started by filling out the online form or calling (312) 332-2550.
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