What Is Expedited Removal?

The expedited removal process allows U.S. Customs and Border Protection (CBP) officials to swiftly deport certain noncitizens via U.S. Citizenship and Immigration Services (USCIS) removal without a hearing. Expedited removal comes with significant consequences.

An expedited removal order is often not subject to appeal and typically results in a five-year ban from the United States. However, some exceptions can allow noncitizens to file an appeal.

Who Is at Risk for Immigration Expedited Removal?

Those who could experience an expedited removal order include:

• Individuals who arrive at a port of entry without entry documents
• Individuals who try to enter the U.S. using fraudulent documents or misrepresentation
• Noncitizens who entered by sea without inspection and have been in the U.S. for less than two years
• Noncitizens who cross a land border without inspection and who are arrested within two weeks of their arrival within100 miles of the border

While these are the expedited removal grounds under current immigration law, expedited removal order guidelines can shift at any time, particularly when there is a change in the presidential administration.

Expedited Removal Process

The expedited removal process is swift, often taking only a few hours to a few days. This streamlined procedure enables U.S. immigration officials to implement immediate deportation through a series of steps.

• A border patrol officer identifies a noncitizen as likely eligible for expedited removal.
• An officer interviews the individual and reviews any documents.
• The individual is detained until deportation, typically one to five days.

The duration of the process depends on factors such as the complexity of the case and the logistical removal arrangements. It takes longer if the detained individual expresses a credible fear claim.

Credible Fear Interview

If an individual attempting to enter the country is seeking asylum or is afraid to return to their home country, they will receive a Credible Fear Interview (CFI). An asylum officer conducts a CFI, which is usually done over the phone.

Credible Fear Interview Outcomes

No Credible Fear

If the asylum officer determines that there is no “credible fear” that the noncitizen will be subjected to persecution or torture in their home country, the expedited removal stands.

In this case, the detainee can request a hearing before an immigration judge who will further assess whether there is credible or reasonable fear. This hearing must occur within seven days. We highly recommend having our experienced attorneys at the hearing to have the best chance of proving “reasonable fear.”

Credible Fear Established

If the asylum officer determines that “credible fear” does exist, it becomes a “reasonable fear,” and the expedited removal is revoked. A “reasonable fear” determination means the individual may stay in the U.S. and apply for asylum.

The detainee will now either stay in detention or be released and allowed to remain in the United States while the case is pending. The noncitizen will ultimately appear before an immigration judge who will decide whether or not to grant asylum. Our lawyers are familiar with the expedited removal appeal process and will fight hard for those seeking asylum in the United States.

Avoiding Expedited Removal

Facing expedited removal is stressful and scary. However, with proper legal representation, you can be assured that your rights are protected. Hiring an immigration lawyer to fight USCIS’s immediate deportation is highly recommended.

Scott D. Pollock & Associates, P.C. will help you establish and appeal your case while working tirelessly toward a positive result for those facing the expedited removal process.