In the US, those who are not citizens can be deported if the situation legally warrants it, and cases require court hearings. However, another process allows for the immigrant to be removed quickly without a hearing.
This process has been in place since 1996 with the passing of the Illegal Immigration Reform and Immigrant Responsibility Act. There are certain conditions that must be met for expedited removal and this article will provide a brief overview.
When an immigrant arrives at a US border, it is at the discretion of the immigration officer to initiate the expedited removal. The immigrant must prove the legal reason for their stay in the US or proof of them having been in the US for two or more years.
Furthermore, it can also be applied to an undocumented immigrant who has been arrested within 100 miles of a land border. The arrest of the said individual must occur within two weeks of them having crossed the border.
Exceptions of Expedited Removal
However, there are exceptions to expedited removal. An undocumented immigrant will not be removed through this process if they claim and apply for asylum. To do so, the immigrant must be in fear of persecution in their home country.
Furthermore, given that an expedited removal has serious legal consequences, some individuals can possibly be allowed to make a voluntary return. If these exceptions (and others) do not apply, the immigrant will receive a Notice and Order of Expedited Removal, which will allow officers to remove them from the country immediately.