Understanding Expedited Removal

  • By: Serving Immigrants
  • Published: February 13, 2020
Understanding Expedited Removal

Expedited removal is a process that allows immigration officers (including lower-level immigration officers) to deport select noncitizens immediately upon encountering them. It generally occurs at Ports of Entry, but you could be subject to expedited removal elsewhere if you are undocumented, it has been two weeks or less since you entered the United States, and you are within 100 miles of the border. You could also be subjected to expedited removal if you are undocumented and have been in the United States for less than two years if you have committed fraud or misrepresented yourself as a U.S. citizen.

As its name suggests, expedited removal happens quickly. Sometimes it is over within hours. If you are subject to expedited removal, you will be detained until you are removed. You will not be given any due-process protections like the chance to hire an attorney or make your case in court.

After being deported through expedited removal, you’ll be barred from reentering the United States for a period of time. You will be barred for five (5) years or for life if you were removed because you committed fraud.

Can I Be Subjected To Expedited Removal If I’m An Asylum Seeker?

No. If you state that you’re seeking asylum, you cannot be subjected to expedited removal and the asylum process will begin. You will instead be subjected to an asylum interview where you must explain why you fear persecution if you return to your country of origin. These cases move much more slowly than expedited removal cases and you have the chance to be admitted legally to remain in the United States, but only if you have a legitimate reason to fear returning to your home. If you cannot prove that you do, you’re likely to be deported at the end of this process as well.

What If I Was Unlawfully Deported Through Expedited Removal?

The speedy timeline of expedited removal makes it difficult to understand all of your options before it is too late. Perhaps you are eligible for legal permanent resident status because you witnessed or were the victim of a crime. Perhaps the officer thought you were committing fraud but you were not. Additionally, sometimes legal permanent residents are mistakenly deported because they are unable to communicate their status to the immigration officer. If you were deported through expedited removal and you don’t think you should have been, you need an experienced attorney to represent you. Serving Immigrants is here to help you. You can reach us at (305) 907-6151.

Magdalena Cuprys, Esq.

As an immigrant and a refugee herself, attorney Magdalena Cuprys understands how
important, terrifying, and exciting immigrating to America can be. She understands
how important it is to have one’s legal status in order to achieve the American dream.

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