THE debate on Immigration and Deportation continues across the board, which has resulted in changing policies within the Department of Homeland Security.
What is the process of getting deported? What can be done? What can one expect? These may be some of the questions that people think about. Normally, deportation cases proceed through the Department of Justice Executive Office for Immigration Review (Immigration Court) where individuals appear and present their cases in front of an Immigration Judge. However, there are also instances where Expedited Removal is used. Below is a summary of an article by the American Immigration Council on Expedited Removal.
What is Expedited Removal?
Created in 1996 under the Illegal Immigration and Immigrant Responsibility Act, “Expedited Removal” is the legal authority given to even low-level immigration officers to order the deportation of some non-U.S. citizens without going in front of an Immigration Judge.
With Expedited Removal, immigration officers can “summarily order the removal of nearly any foreign national who arrives at the border without proper documents; additionally, undocumented immigrants who have been in the United States 14 days or less since entering without inspection are subject to expedited removal if an immigration officer encounters them within 100 miles of the U.S. border with either Mexico or Canada.” Individuals in expedited removal are detained until removed, and there is no right to appeal an expedited removal.
There are limitations to expedited removal when it comes to certain individuals. U.S. citizens or lawful permanent residents (LPRs, or “green card” holders) should not be subject to expedited removal. Refugees, asylees, or asylum seekers (people who fear persecution in their home countries or indicate an intention to apply for asylum) should also not be subject to expedited removal.
How is the US government implementing Expedited Removal now?
In 2017, President Trump issued an executive order which directed the DHS to dramatically expand the use of “expedited removal” to its full statutory extent.
Recently, the Department of Homeland Security announced that it would carry out the full expansion. As of July 23, 2019, “expedited removal may be applied to individuals who are undocumented, or who have committed fraud or misrepresentation, and who are encountered within the entire United States and who have not been physically present in the United States for two years prior to apprehension.”
The problem with this is, when an immigration official encounters someone they believe may be subject to expedited removal, the burden of proof is on the individual to prove otherwise. Meaning, “an individual believed to be subject to expedited removal will have the burden of proving to an immigration official that they have been physically present in the United States for two or more years or that they were legally admitted or paroled into the United States.”
There are many questions surrounding current immigration laws and deportation proceedings in the wake of policy changes and executive orders from the current Administration.
Individuals and their families should consult with a licensed and experienced immigration and deportation attorney to discuss their options, and to make a plan for when they are put in deportation proceedings.
* * *
Atty. Lilli Baculi Collins is an associate attorney with Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full-service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; [email protected]; www.chuatinsayvega.com.
