Undocumented immigrants and noncitizens of the US often face deportation, but in most cases, they are entitled to hearings in immigration courts to determine whether they should be removed from the country. However, Immigration and Customs Enforcement (ICE) may initiate an expedited removal process that streamlines the removal of certain individuals who are not eligible to stay in the country.

If you or a loved one are facing expedited removal, time is of the essence. Take action now by contacting the immigration attorney at TCB Legacy Law.

WHAT IS EXPEDITED REMOVAL?

Expedited removal is a deportation process initiated by immigration officers to remove undocumented noncitizens without the need or requirement for a hearing. Individuals subject to expedited removal do not typically have the ability to contest their removal, although exceptions do exist.

Who is Subject to Expedited Removal?

Not every noncitizen is subject to expedited removal. ICE authorities typically initiate this process for undocumented immigrants with no entry papers or who attempted to obtain admission through fraud or misrepresentation, and they can fall into three categories:

• Noncitizens arriving at ports of entry
• Noncitizens who entered less than two years ago without being admitted or paroled
• Noncitizens who were apprehended less than two weeks after entry and within 100 miles of the border.

Individuals who were brought to the US from international or US waters and those whose parole into the US has been terminated before two (2) years are also subject to expedited removal.

The following people are not subject to expedited removal:

• Noncitizens who have been granted asylee or refugee status
• Noncitizens who are seeking asylum and applying under the visa waiver program
• Lawful permanent residents of the US
• Minors, except those who have committed certain crimes

EXCEPTIONS TO EXPEDITED REMOVAL FROM THE US

While most undocumented immigrants will not be able to request a hearing or contest the decision if expedited removal is ordered or initiated, there are exceptions.

Credible Fear of Persecution

Noncitizens who can show ICE that they have a credible fear of persecution or torture may be moved from expedited removal to credible fear proceedings, at which point they can apply for asylum or withholding of removal.

To establish eligibility for a credible fear proceeding, there must be a reasonable possibility that the undocumented immigrant or noncitizen would face persecution in their country of removal on the basis of:

• Race
• Religion
• Political opinion
• Nationality
• Social group membership

Anyone Claiming Certain Statuses

People belonging to one of the following groups may be able to avoid or delay expedited removal:

• US citizen
• Lawful permanent resident
• Someone granted asylum or refugee status

If anyone at risk of expedited removal claims to belong to one of these groups, the immigration officer must make an effort to verify these claims prior to issuing the expedited removal order. The individual can pursue an administrative review if the ICE officer cannot verify their claim, which is referred to as a claimed status review.

WITHDRAWAL OF AN ADMISSION APPLICATION

When applicable, the Department of Homeland Security may permit a noncitizen to withdraw their admission application if they are able to leave the US immediately of their own accord. The factors considered for this option include the individual's prior immigration history, their health, and various humanitarian issues.

WHY LEGAL REPRESENTATION IS CRUCIAL WHEN FACING EXPEDITED REMOVAL

During expedited removal, there is very little opportunity to seek legal counsel. The process is intended to be streamlined and completed quickly. This poses significant challenges and creates the potential for human rights concerns, such as wrongful removals. If there is time for you or a loved one to speak with an attorney, it is vital that you do so.

Concerns about expedited removal include:

• Wrongful removals – there is little oversight in the expedited removal process, with ICE officers handling the extent of the steps required to deport individuals believed to be subject to expedited removal.
• Insufficient protection for asylum seekers – asylum seekers are especially at risk of being returned to dangerous conditions, and if they are unable to clearly articulate or convey the severity of their situation, they could be wrongly removed from the US.
• Little to no judicial review – because individuals placed in the expedited removal process typically have no right to challenge their deportation, noncitizens are at risk of becoming the victim of unlawful actions by immigration officers or erroneous removals.

LEGAL ASSISTANCE WHEN YOU NEED IT MOST – TCB LEGACY LAW

If you or someone you care about is currently facing or may be at risk of expedited removal, do not wait to speak to an experienced lawyer. Contact Attorney Andre M. Dorval at TCB Legacy Law in Hollywood, Florida, for individualized guidance and representation.