Expedited Removal Without Immigration Court Hearing
Removal, or also commonly known as deporting, of non-citizens, can occur if US immigration officers (like those of US Immigration and Customs Enforcement) decide an individual must be removed from the US. In order to be involuntarily removed, the individual must go through a process that includes going to court and arguing in front of a judge. However, there are certain situations when a person can be forcibly removed from the US without even having the opportunity to go to court. These cases are called expedited removal.
Who Qualifies for Expedited Removal?
Not every single non-citizen can be placed in expedited removal. The process applies only to certain situations. Most importantly, expedited removal orders can only be issued for those who have just arrived in the US. While the process is almost entirely at the discretion of the immigration officer, those who face expedited removal have either lied about their citizenship status or do not have valid documents. Expedited removal is commonly issued at designated ports of entry. For example, a person can arrive at an airport by plane but can be immediately removed if the border officer determines that the person lied or does not have the valid documents needed to enter. Furthermore, those who have illegally entered the country within 14 days and are less than 100 miles of a border can also face expedited removal. However, President Trump has made an attempt to increase the scope of this, which has caused an ongoing lawsuit.
Who is Exempted from Expedited Removal?
As mentioned previously, in cases that could require expedited removal the immigration officer has a lot of leeway in deciding what’s best for the individual. The officer may decide that regular removal proceedings in court are a better option than immediate removal. However, those who are seeking asylum will not face expedited removal. Instead, they will be detained and will go through the steps needed to seek asylum in the US.