The Expedited Removal Order Process

Apr 5, 2016 | Border Crossings

As a Miami immigration lawyer, I have had quite a few clients who have faced expedited orders of removal.  Below are some frequently asked questions about expedited removal.

What is Expedited Removal?
Expedited removal is the process by which a non-U.S. citizen can be denied entry and physically removed from a U.S. Port of Entry (“POE”) upon seeking admission to the United States.  Orders of expedited removal are issued by U.S. Customs and Border Protection (“CBP”) officials at a port of entry. If you have any questions in regard to this, you may want to speak with a Miami immigration lawyer.

Can the expedited removal process be used in all situations?
No. The expedited removal process can only be used in certain situations. Typically, when the CBP officers have determined that an individual is inadmissible for one, or a combination of, the following reasons:

  • Fraud or misrepresentation;
  • Falsely claiming U.S. citizenship;
  • An intending immigrant who is not in possession of a valid unexpired immigrant visa or other suitable entry document;
  • A nonimmigrant who is not in possession of a passport valid for a minimum of six (6) months from the date of the expiration of the initial period of stay; or
  • A nonimmigrant who is not in possession of a valid nonimmigrant visa or border crossing card at the time of application for admission

Again, if you have any questions about this, you may want to speak with a Miami immigration lawyer.

My family member is facing an expedited order of removal. Can’t he/she just file an appeal before an immigration judge?
Unfortunately, individuals facing expedited removal do not have a right to counsel or to a hearing before an immigration judge.  CBP officials at the U.S. POE conduct the expedited removal process completely and exclusively. Not surprinsgly, this has generated a fair amount of controversy among immigration advocates. It is possible, however, to submit a request for review to CBP directly. In such situations – where the immigration laws were improperly applied by the CBP officials at the POE – review by additional supervisory CBP officials has resulted in the order of expedited removal being vacated as if it was never issued. If the above scenario applies to you or a loved one, you may want so speak with a Miami immigration lawyer.

What else should I know about expedited removal?
Expedited removal carries a five (5) year bar to re-entering the U.S.  This means that individuals issued orders of expedited removal cannot re-enter the U.S. for a minimum period of five (5) years from the date of expedited removal unless they apply for and are granted permission to reapply for admission to the U.S. (Form I-212).

If the basis of the expedited removal falls under INA § 212(a)(6)(C), then a lifetime bar to entry also applies. Ifyou have any questions about this, you may want to speak with a Miami immigration lawyer.

Where Does CBP Derive its Authority to Issue Orders of Expedited Removal?
CBP’s authority to issue orders of expedited removal is provided for by federal law.  Congress granted the expedited removal authority to CBP in 1997.  Specifically, Section 302 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), which took effect April 1, 1997, amended Section 235(b) of the INA to authorize the expedited removal of aliens.

Walk me through a detailed process of how an expedited removal order works.

  • You already know the basics. When an expedited removal order is issued, there are no further hearings or review, unless the person states his intent to apply for asylum or indicates a fear of persecution in his home country.
  • First, the CBP inspectors and other DHS immigration officers must create a detailed record of the facts of the case and statements made by the person. These statements are noted in the Record of Sworn Statement, which can provide critical information when challenging an expedited removal order.
  • Officers must also ask series of questions to identify anyone who fears returning to his home country. Once a person expresses fear of return, he is supposed to be detained by U.S. Immigration & Customs Enforcement (ICE) and interviewed by an asylum officer from U.S. Citizenship & Immigration Services (USCIS).
  • The asylum officer will then make a “credible fear” determination of the person’s claim. Those found to have a “credible fear” are referred to an immigration judge, who may review their defensive asylum application. Upon request, an immigration judge may also review the USCIS asylum officer’s determination that the person lacks a credible fear of persecution.

Note: Foreign nationals subject to expedited removal must leave immediately or be detained until they are removed from the United States. They are not eligible to be released on bond. They may only be released due to medical emergency or if needed for law enforcement purposes. If you have any questions in regard to this, you may want to consult with a Miami immigration attorney.

I need help because my loved one is facing an expedited order of removal.
I would suggest that your first step is to contact a Miami immigration lawyer immediately to discuss your family member’s options. If review of all the facts and circumstances of your case reveals that the order of expedited removal was improper, the first step is to approach CBP officials at the Port of Entry where the expedited order was issued.  Your Miami immigration lawyer will likely prepare a comprehensive legal brief in support of the request to vacate the order of expedited removal, which he or she will submit to CBP together with any relevant supporting documentary evidence.

If you would like more information on expedited orders of removal, please contact Miami immigration lawyer The Law Office of Tatiane M. Silva, P.A., Esq. at (305) 895-2500 or visit our website at tmsilvalaw.com.