What is Expedited Removal?

Expedited removal is a streamlined immigration enforcement process allowing certain noncitizens to be deported without a hearing before an immigration judge. This authority, granted to immigration officers, applies to individuals who lack valid entry documents, attempt to enter through fraud or misrepresentation, or meet specific other criteria. While this process is efficient, it raises significant concerns about due process and protections for vulnerable populations.

Origins and Scope

Expedited removal was introduced in 1996 through the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Initially limited to noncitizens arriving at ports of entry without proper documentation, its scope has since expanded to include:

• Noncitizens entering by sea without inspection and present in the U.S. for less than two years.

• Those crossing land borders without inspection, arrested within two weeks of entry, and within 100 miles of the border.

• From June 2020 to March 2022, immigration officers were authorized to apply expedited removal broadly to individuals unable to demonstrate two years of continuous U.S. presence.

Once an immigration officer determines that a noncitizen is subject to expedited removal, they are issued a removal order that generally cannot be appealed. This order also carries a five-year bar to reentry in most cases.

Protections for Asylum Seekers

Despite its summary nature, expedited removal provides limited safeguards for individuals fearing persecution or torture:

1. Credible Fear Interviews (CFI):

   • If a noncitizen expresses fear of returning to their home country or an intent to seek asylum, they are referred to an asylum officer for a CFI.

   • This interview assesses whether the individual's fear of persecution or torture is credible, allowing them to proceed to standard asylum proceedings if successful.

2. Reasonable Fear Standard:

   • For individuals with prior removal orders who reenter without inspection, a higher “reasonable fear” standard is applied.

   • Those found to meet this threshold may challenge their case further before an immigration judge.

3. Judicial Review:

   • Noncitizens who fail a CFI can request a limited review by an immigration judge, focusing solely on the credibility of their fear claim.

Concerns About Expedited Removal

Expedited removal's efficiency comes at a cost, particularly for individuals who may not fully understand their rights or the process:

1. Erroneous Deportations:

   • The abbreviated process often prevents individuals from gathering evidence or consulting with legal counsel, increasing the risk of deporting those who may be eligible for relief.

   • Cases of U.S. citizens, lawful permanent residents, or victims of trafficking being wrongly removed have been documented.

2. Inadequate Protections for Asylum Seekers:

   • Studies show some officers fail to ask about fears of persecution or improperly pressure individuals to withdraw their applications for admission.

   • Traumatized individuals often struggle to articulate their fears within the tight timelines of the CFI process.

3. Impact on Asylum System:

   • Expedited removal cases divert resources from affirmative asylum applications, contributing to a growing backlog.

4. Lack of Judicial Oversight:

   • Jurisdiction-stripping provisions largely bar noncitizens from challenging expedited removal orders in federal court, even in cases of officer misconduct.

Ensuring Fairness and Compliance

As a cornerstone of U.S. border enforcement, expedited removal requires robust safeguards to protect against wrongful deportations and ensure compliance with U.S. and international law. At Saluja Law, we advocate for greater accountability and transparency in immigration processes, particularly for vulnerable populations.

If you or someone you know faces expedited removal, our experienced attorneys can provide guidance and representation to navigate this challenging process. Contact us today to learn more.