What are the options when immigrants face expedited removal?
For people who are already in the United States and are confronted with the possibility of being deported, there may be protections available.
Some are dealing with expedited removal. This means that the person can be removed and does not have the right to a hearing or review. It is important to remember that there are exceptions to expedited removal and some might be able to avoid it. They could even be allowed to remain in the United States.
Expedited removal and exceptions
The following people can be subject to expedited removal:
- People who enter the country without valid entry documents and those who enter the United States by using fraud or misrepresentation
- Those who arrived by sea without valid documents and were not admitted into the United States or paroled by immigration authorities, and cannot show they were physically in the country for a minimum of two years before they were apprehended.
- Those without valid documents who have been apprehended within 100 miles of the border within 14 days of entering the United States.
People can avoid expedited removal in specific circumstances. A person who shows they are credibly fearful of returning to their home country and are going to apply for asylum can be interviewed to determine if that fear is valid. Once they prove the fear of persecution or torture is justified, they can then be placed in formal removal proceedings and seek alternatives to remain in the United States.
Those who say they are U.S. citizens, are lawful permanent residents, refugees or have already been granted asylum can avoid expedited removal. Unaccompanied children cannot be removed via the expedited process.
Fighting deportation of any kind requires understanding the law
The immigration process can be daunting for people who are new to the United States. It is particularly worrisome if they are going to be removed through a faster process. Despite the natural concern that will arise for people in this situation, it is essential to remember there are effective strategies to avoid deportation. Having knowledgeable guidance can be beneficial to seek solutions.