Understanding Expedited Removal: How Andrew T. Thomas, Attorneys at Law Can Help

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Understanding the Fast-Track Deportation Process

Expedited removal is a significant process within the United States immigration system, affecting countless individuals who arrive at our borders or are already present inside the country. 

Implemented under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), this process allows immigration officers to rapidly deport certain noncitizens without needing a formal hearing before an immigration judge. This can occur at ports of entry or for individuals who are apprehended within 100 miles of the border and have been in the country for less than two weeks.

Our firm, Andrew T. Thomas, Attorneys at Law, stands at the forefront of navigating this demanding area of immigration law, providing knowledgeable and passionate representation for those facing such proceedings. We bring our years of experience and dedication to every case.

What Is Expedited Removal?

Expedited removal is a form of deportation that occurs without a formal hearing in immigration court. 

Under certain sections of the Immigration and Nationality Act (INA), we find that individuals who are inadmissible due to misrepresentation, fraudulent documents, or no documents may be removed from the United States swiftly. This process applies primarily to those who have been in the country for less than two years or were apprehended within 100 miles of the border.

Key Points of Expedited Removal

  • Credible Fear: If individuals express a credible fear of persecution or torture in their home country, they have the right to a credible fear interview, which is a critical step for asylum seekers.

  • Immigration Officer’s Role: The decision to subject a person to expedited removal is made by an immigration officer, who determines admissibility and can order removal without further hearing or review.

  • Asylum Seekers: Those who demonstrate credible fear during the interview may be transferred to regular removal proceedings and apply for asylum.

Circumstances for Being Subject to Expedited Removal

  • Fraud or Misrepresentation: Those who attempt to enter the U.S. with false documents or through deception.

  • Invalid Passports for Nonimmigrants: Travelers arriving at U.S. ports of entry with invalid visas or passports.

  • False Claim of U.S. Citizenship: Noncitizens making false claims to U.S. citizenship may be removed without a hearing.

The Expedited Removal Process

Expedited removal is a fast-track procedure allowing immigration officers to deport certain noncitizens without an immigration court hearing. If an individual is physically present in the United States without proper documentation, they may be subject to expedited removal. This process typically begins with an inspection at a port of entry or if encountered near the border.

Inspection and Detention

Firstly, upon arrival or encounter, the individual is subject to a thorough inspection. If found inadmissible, they can be immediately detained. Detention can last until the process of removal is complete.

Credible Fear Screening

Credible fear screening by an asylum officer is a critical step for those expressing fear of persecution if returned home. During this stage, the individual can prove a genuine fear of returning to their country. A positive finding allows for their case to be heard in front of an immigration judge.

Exceptions and Appeals

There are exceptions to this procedure; for instance, minors and certain vulnerable populations may have different protocols. The right to appeal is limited if an expedited removal order is issued. 

However, the Board of Immigration Appeals (BIA) or federal court may have jurisdiction in some cases if there’s a claim of lawful status, for example. Our firm is experienced in navigating these complex pathways to judicial review.

Reapplication After Deportation

Even after deportation, a person has the right to seek re-admission into the United States. Each case is unique and contingent on various factors, including prior immigration violations. At Andrew T. Thomas, Attorneys at Law, we provide confidential assistance with such cases, ensuring proper representation during this challenging time.

Consequences of Expedited Removal

The ramifications of an expedited removal order are severe and demand immediate attention. Expedited removal leads to deportation without a hearing before an immigration judge, typically for those who have violated immigration laws either upon entry or discovered close to the border.

Our dedicated team has seen firsthand how swift action can distress individuals and families. One of the most immediate consequences is detention. If detained, it is pivotal to grasp the urgent nature of claiming fear of persecution or torture to access the asylum system. 

However, once an expedited removal order is executed, it generally includes a five-year bar on reentry to the United States. This ban poses a considerable challenge to those who seek to reestablish their lives or rejoin family in the U.S.

Moreover, under specific circumstances, such as fraud or misrepresentation found under INA § 212(a)(6)(C), an individual could face a lifetime bar from entry. Such consequences can severely impact future immigration applications and eligibility for immigration benefits, becoming an indelible mark against one’s record.

Challenging Expedited Removal Orders

We understand the urgency and gravity of dealing with expedited removal orders. Such orders fast-track deportation procedures, sparing individuals the usual immigration court proceedings. However, legal avenues are available for those who believe they have been unjustly subject to expedited removal.

The first step one may consider is an appeal to the BIA. While expedited removal does not inherently grant the typical procedural protections, certain individuals, such as permanent legal residents or those granted asylum, may have recourse here.

A person affected by expedited removal can file a lawsuit in the federal court for jurisdictional concerns. Historical cases illustrate that challenges to the validity of expedited removal can be addressed to the U.S. District Court for the District of Columbia. It should be noted that the scope of judicial review in such cases is restricted to assessing if the expedited removal statute or its implementing regulations have been breached.

The support of experienced legal representation, like a Deportation Lawyer, significantly bolsters the chances of a positive outcome. The complexities of immigration law, especially in matters of appeals and jurisdiction, necessitate proficient legal advice and advocacy.

Andrew T. Thomas, Attorneys at Law: Your Defense Against Expedited Removal

As your steadfast legal defense team, we apply our comprehensive knowledge of immigration law to protect the rights and future of our clients.

When it comes to expedited removal, time is of the essence. Here’s how we can assist:

  • Legal Advice: We provide timely and confidential legal advice. Our attorneys are well-versed in the complexities of expedited removal and are prepared to act quickly on your behalf.

  • Defense Strategies: Our law firm constructs strong defense strategies that include filing motions to reopen or reconsider your case, challenging the legality of the expedited removal order, and ensuring your rights are upheld throughout the process.

  • Customized Approach: Each case is unique, and so is our approach. We assess your situation with attention to detail and develop a personalized action plan.

We are proud members of the American Immigration Lawyers Association and have consistently succeeded in helping our clients navigate through expedited removal proceedings. We aim to minimize the impact of expedited removal and keep families together.

If you face the prospect of expedited removal, contact us for experienced defense against these proceedings, and give yourself the peace of mind that comes from having a dedicated ally in your corner.

For further information on how we can assist with issues like Rule 42 Immigration, our team is ready to help.

Recent Changes and Updates in Expedited Removal Policies

Recent policy shifts affect expedited removal. Our law firm, deeply invested in the welfare of immigrants, alerts clients to these vital changes.

In May 2023, the termination of the Title 42 policy, which allowed rapid expulsion without asylum access, marked a significant alteration. This led to reinstating more traditional asylum protocols, emphasizing credible fear interviews for those expressing persecution fear. 

Regulations from 2004, which restricted expedited removal to 14 days of U.S. arrival and within 100 miles of a border, are potentially expanding under consideration, notably from previous DHS drafts seeking to eliminate these limits.

Preparing for Your Case with Andrew T. Thomas, Attorneys at Law

At Andrew T. Thomas, Attorneys at Law, we understand the urgency and complexity of facing expedited removal. Preparing your defense is critical, and we are here to guide you through every step.

Essential Documentation and Evidence:

  • Immediate collection of all personal identification documents, including passports, birth certificates, and any immigration paperwork.

  • Obtain records of your presence in the U.S., including employment records, school records, and bills to prove your ties to the country.

  • Gather any evidence that might support your case for seeking asylum, such as witness statements or reports from reliable sources about conditions in your home country.

Early Consultation:

 It’s vital to seek legal advice at the earliest opportunity. Engaging with us quickly allows us to:

  • Provide a comprehensive assessment of your situation.

  • Initiate strategies for defense against expedited removal.

  • Ensure that no detail is overlooked when preparing your case.

Conclusion

At Andrew T. Thomas, Attorneys at Law, we are intimately familiar with the complexities of immigration law and its continuous evolution. The landscape of immigration policies often shifts, and with these changes, the urgency for us to provide precise and empathetic legal counsel grows.

We take pride in our custom-tailored approach to each case, bringing our extensive experience to defend your rights. Our team’s proactive and caring approach can make all the difference when combating expedited removal. Contact us to understand your options and begin preparing to fortify your defense.

We customize our approach for each client, applying our knowledge to unite families and shield them from expedited removal’s rapid and often harsh realities. Our firm’s dedication is unwavering as we continue to bring integrity, experience, and a caring touch to every case.