What Are Expedited Removal and Due Process Rights?

Posted on 09/11/23

Expedited removal is a legal procedure that allows CBP (Customs and Border Protection) officers to deport certain noncitizens through a rapid process, sometimes within a single day, without a hearing in an immigrant court. Individuals subject to expedited removal may be prohibited from entering the U.S. for five years or longer.

If you or a loved one face expedited removal, contact a Connecticut immigration attorney immediately for legal support. Working with a seasoned immigration law firm could help protect your rights to gain legal entry into the U.S. 

Who May Be Subject to Expedited Removal?

As of now, U.S. CBP officers may order expedited removal for:

  • Noncitizens who arrive at a U.S. border without appropriate documents
  • Foreign nationals with a history of immigration violations, fraud, or misrepresentation
  • Undocumented immigrants present in the U.S. for up to 14 days, if encountered within 100 miles of the Mexican or Canadian border

Expedited removal procedures cannot apply to U.S. citizens, lawful permanent residents, refugees, asylum seekers, unaccompanied minors, or undocumented immigrants who have resided in the U.S. for over two years. 

Your Rights During a Removal Process

Since expedited removal happens quickly and with little scrutiny, in many immigration cases, the process involves violating noncitizens’ rights. Regardless of your immigration status, you should know you have the right to:

  • Keep silent and refuse to share information like your name, country of origin, or immigration status
  • Talk to an attorney before answering any of the immigration officer’s questions
  • Deny immigration officers entry into your home without a valid judicial warrant
  • Request any immigration officers to present a valid and signed court-issued search warrant
  • Refuse to sign any documents before consulting a lawyer
  • Contact the consulate in your home country

If an immigration officer detains you, never provide false information about your immigration status or show forged documents. Doing so could lead to serious legal consequences, including a lifelong bar from entering the United States.

What If You’re Seeking Asylum?

If you fear persecution or face danger in your home country, you can state this at the point of entry into the United States and request to apply for asylum. In this case, you’ll proceed to what’s known as a “credible fear” interview with an asylum officer. If the officer decides you have legitimate grounds for seeking protection, you’ll have a chance to apply for asylum via an immigration court.

What To Do During and After Expedited Removal Proceedings

Generally, individuals who face expedited removal have limited recourse. People subject to this process remain in detention until their quick removal, and you can’t appeal an expedited removal order or request a review by an immigration judge. 

However, you can contact a skilled Connecticut immigration attorney, who may request the CBP to review the expedited removal process. In some situations, a review may reveal that the expedited removal order was issued improperly, in which case it could be vacated.

An experienced immigration lawyer could also guide you or your family member through re-applying for entry into the U.S. after expedited removal. Always seek trusted legal counsel in case of any difficulties with immigration or entry into the U.S.

James A. Welcome: Reliable Legal Assistance for Immigrants and Their Families in CT

Are you dealing with expedited removal proceedings or their aftermath? Were you or a family member already barred from entering the U.S. through expedited removal? Contact the Law Offices of James A. Welcome. Our law firm provides reliable legal guidance on any immigration issue, from seeking a visa to a green card process and challenging removal orders.

Schedule a consultation with an experienced Connecticut immigration attorney today.