The U.S. immigration system has various enforcement mechanisms, and one of the most controversial is expedited removal. This process allows U.S. Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers to quickly deport certain noncitizens without a formal hearing before an immigration judge. While intended to streamline enforcement, expedited removal disproportionately affects some of the most vulnerable populations.
What Is Expedited Removal?
Expedited removal is an administrative process that allows immigration officers to deport noncitizens who are found to be inadmissible due to lack of proper documentation or misrepresentation. Under this policy, individuals can be removed without appearing before an immigration judge, significantly reducing their opportunity to seek relief.
Initially, expedited removal was only applied to noncitizens apprehended within 100 miles of the U.S. border and within 14 days of arrival. However, in recent years, its scope has expanded, applying to individuals found anywhere in the U.S. if they cannot prove they have been in the country for at least two years.
Who Is Most Vulnerable to Expedited Removal?
Certain groups are disproportionately impacted by expedited removal, increasing their risk of detention and deportation.
Asylum Seekers
Many asylum seekers fleeing persecution arrive in the U.S. without valid documentation, often because they had to leave their home countries in urgent and dangerous conditions. Expedited removal can prevent them from presenting their claims before an immigration judge, leading to wrongful deportations.
Undocumented Immigrants with Limited Proof of Residency
Noncitizens who have been living in the U.S. for years but lack proper documentation proving their residency are at high risk. Without tangible proof of continuous presence, they can be subjected to expedited removal even if they have strong ties to the country.
Non-English Speakers and Individuals Without Legal Representation
Individuals who do not speak English or understand the legal system are particularly vulnerable. Many do not know their rights or how to assert them, leading to hasty deportations. Those without access to legal counsel are also at a severe disadvantage in stopping removal proceedings.
Victims of Human Trafficking and Domestic Violence
Survivors of trafficking and domestic violence often lack documentation and may be afraid to seek help due to their immigration status. Without the opportunity to present their cases, these individuals can be wrongfully removed, placing them at risk of further harm.
Children and Family Units
Although there are legal protections for unaccompanied minors, some children and families still face expedited removal. Families apprehended at the border may be separated, and children may struggle to navigate the complex immigration system without proper guidance or advocacy.
How to Protect Yourself or a Loved One
- Know Your Rights: You have the right to remain silent and the right to legal representation. Do not sign any documents without speaking to an attorney.
- Gather Proof of Residency: If you have been in the U.S. for more than two years, keep documents like rental agreements, utility bills, or employment records to prove your continuous presence.
- Seek Legal Assistance: If you or a loved one is at risk of expedited removal, consult an immigration attorney immediately to explore legal options for relief.
Get Legal Help Now
Expedited removal can have devastating consequences, especially for vulnerable individuals who may be eligible for asylum or other protections. At San Diego Immigration Law Office, we are committed to defending immigrants’ rights and ensuring that those facing deportation receive the legal support they need.
If you or someone you know is at risk, contact us today for guidance and representation.