Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Experienced Legal Counsel When You Need It Most

What does expedited removal involve?

On Behalf of | Aug 27, 2021 | Immigration Law

Immigration proceedings could involve court hearings, possibly resulting in removal delays for many reasons. However, those entering the country with an asylum claim may find their situation shifts to expedited removal proceedings. Those intending to enter the United States at the U.S./Mexico or U.S./Canada border might not know how the policy works or how the Border Patrol carries the rules out.

The expedited removal policy

The words “expedited removal” reveal what the policy involves: when someone tries to enter near the border and make an asylum claim, the person could face immediate removal without a hearing by an immigration judge. Without an exemption from the policy, an immigrant may face immediate deportation at the U.S. border. Under present rules, only children qualify for exemptions.

Persons with valid asylum claims would not likely face expedited removal. However, persons whom U.S. immigration officials deem lacking a valid asylum claim face immediate removal.

Under U.S. immigration law, those facing dangers in their home country may apply for entry under asylum statutes. Applying for asylum is not the same as receiving approval and an immigration status adjustment.

Immigration law, asylum, and removals

The rule applies to noncitizens, but others may wonder about the policy’s reach. A U.S. citizen cannot face deportation from his or her own country. Lawful permanent residents might run into some issues at the border for many reasons, but such “green card holders” would not likely run into the same troubles as a noncitizen. Of course, neither green card holders nor United States citizens would need to apply for asylum in the U.S.