Understanding Expedited Removal in Immigration

by: Attorney Noyes

12/8/20232 min read

Expedited removal is a significant aspect of U.S. immigration law that can impact non-citizens without proper documentation. At Noyes & Associates, we specialize in immigration law and are committed to informing and assisting individuals who might face such proceedings. This article clarifies when and how expedited removal applies.

1. What is Expedited Removal?

Expedited removal is a process that allows the U.S. government to deport certain non-citizens without a formal immigration court hearing. It typically applies to individuals deemed inadmissible due to lack of proper documentation or fraud at entry or when found within a certain distance from the border.

2. Who Can Be Subject to Expedited Removal?

This process generally applies to individuals who cannot prove they have been in the U.S. for a specified period, typically two years. It also includes those caught at ports of entry while attempting to enter the U.S. without valid documents.

3. The Process of Expedited Removal

In expedited removal proceedings, an immigration officer determines an individual's eligibility for removal. Unlike regular removal proceedings, there's no opportunity for a hearing before an immigration judge unless the individual claims asylum or expresses fear of returning to their home country.

4. Claiming Asylum and Credible Fear Interviews

If an individual subject to expedited removal expresses fear of persecution or torture in their home country, they are entitled to a credible fear interview. This interview determines whether they have a valid claim to seek asylum in the U.S.

5. Legal Rights During Expedited Removal

Even in expedited removal, individuals have certain rights, such as the right to speak to a lawyer. However, the government is not required to provide an attorney, making it essential for individuals to seek legal representation.

6. Avoiding Expedited Removal

Understanding U.S. immigration laws and maintaining proper documentation is vital to avoiding expedited removal. Non-citizens should stay informed about their immigration status and consult an immigration attorney for advice and assistance.

At Noyes & Associates, we understand the challenges and fears of expedited removal. Our experienced immigration attorneys are dedicated to providing guidance and representation to those facing these daunting proceedings. If you or someone you know is concerned about expedited removal, please contact Noyes & Associates for expert legal assistance. We are here to help navigate the complexities of immigration law and protect your rights.