What are Expedited Removal Orders?
Typically, a deportation requires a hearing before an immigrant can be removed from the country. There is an exception to this, however, and that is the expedited removal. The Department of Homeland Security could order an expedited removal, especially if you have no immigration status, and you will have no opportunity to be heard in front of a judge. Expedited removals could occur in weeks, days, and sometimes just hours. However, not all immigrants qualify for expedited removal orders, and only a select number of cases experience this form of deportation.
What Could Result in an Expedited Removal?
If you are an illegal immigrant and you are attempting to enter the United States at the border, or you recently entered the country unlawfully, you could face expedited removal. However, the immigration officer must follow strict protocol before issuing the order for expedited removal, and the officer must determine if that person is inadmissible to the U.S.
Even if a person is inadmissible to the United States, they are more likely to go through traditional deportation instead of expedited removal.
The Designated Port of Entry Removal
If a person is caught trying to cross the border at a designated port of entry, such as an airport or land border crossing zone, and they seek admission to the country, the border agent may determine they have insufficient documentation. At this point, they can initiate expedited removal, and the individual is deported quickly.
An Undocumented Immigrant within 100 Miles of the U.S. Border
Anyone foreign-born that enters the United States without documents and is found within 100 miles of the U.S. border is eligible for expedited removal. However, this individual must be a citizen of Mexico or Canada and be within 100 miles of their native country’s border to qualify. If the person can demonstrate that they have been in the United States for a consecutive 14 days, they no longer qualify for expedited removal and must attend a deportation hearing.
If you receive an expedited removal order, the consequences are the same as a regular deportation order. However, you cannot appeal an expedited removal. If you feel the expedited removal is unlawful or unjustified, you can contact an immigration attorney at Udall Shumway, PLC for assistance. Your attorney may be able to persuade the DHS for a normal deportation hearing or reconsider the expedited removal entirely so that you have an opportunity to stay in the country.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Expedited Removal Orders, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.