Expedited Removal

Sep 6, 2023 by Rachel Chappell Chauvin

Expedited Removal 

What is Expedited Removal? 

Expedited Removal is a process the government uses to remove certain people from the United States more quickly and without ever seeing an Immigration Judge. In expedited removal proceedings, your case is evaluated by an officer from DHS who will determine if you will be immediately removed from the United States.  If you are ordered removed through expedited removal, you will not be allowed to return to the United States for at least 5 years though there may be exceptions.

Who does  Expedited Removal Apply to ?

People Who Enter the United States through a Port of Entry
If you arrive to the United States through a legal port of entry (a legal entry point to a country such as an airport, shipping port, or border checkpoint) an immigration officer can order you removed if you do not have documents authorizing your entry into the United States or if the officer believes that you are attempting to fraudulently enter.  For example, if you have a Visitor Visa and the officer believes you are entering the United States to work, you can be removed through the expedited removal process at the border other point of entry.

People who Enter the United States Anywhere Else
Expedited Removal can also apply to people who have already arrived in the United States but who entered without going through a port of entry. If someone who arrived by sea is encountered by immigration officials, they can be placed into expedited removal if they are found within 2 years of coming into the county.  If someone entered the United States by land is found within 14 days by an Immigration Official and is within 100 miles of a land border, they can also be placed into expedited removal.

Are there Exceptions to the Expedited Removal Process?

Yes.  There are two major exceptions that may prevent you from being immediately removed from the United States if you are placed in expedited removal proceedings:  (1) if you have a fear of returning to your home country and (2) if you have some lawful status in the United States.  Both processes involve additional steps which may require that you appear before an Immigration Judge and you may potentially be moved into a non-expedited removal proceeding.

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