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

An expedited response is needed for an expedited removal

On Behalf of | Nov 22, 2021 | Immigration Law

Customarily, international citizens who are being deported have rights that allow for legal intervention to halt the deportation. In some instances, however, U.S. Customs and Border Protection (CBP) is authorized to remove certain migrants in Texas under the Illegal Immigration Reform and Immigration Responsibility Act (IIRAIRA). Expedited removal allows CBP to speedily deport noncitizens who fall outside of conventional immigrant protections, such as those who commit criminal acts.

What is an expedited removal

Aliens in the US can be deported quickly, sometimes within 24 hours, if they are undocumented and entered the US illegally, have been in the country less than two years, or have been involved in criminal activity. Circumventing standard deportation protocols, there will be no immigration hearing or very limited legal recourse with which to challenge the deportation.

Immigrants who are Lawful Permanent Residents, seeking asylum, can prove they have been in the US longer than two years, are refugees, unaccompanied minors, valid visa holders and those paroled into the US do not face expedited removals.

What you can do

If you could potentially be deported expeditiously, it is best to seek legal counsel to help you fight your case. You have a legal right to refrain from answering questions from an immigration officer, but you may wish to tell the officer your name so your family can find you. You have the right to speak to an attorney, and have the option of answering the officers’ questions with a lawyer present. If you are asked to sign documents, you can request to speak with a lawyer first.

If immigration officials come to your home, you do not have to open the door if the officers don’t have a warrant. If they have a signed search warrant for your address, then they have the right to come in and search for what the warrant allows. If you fear for your safety upon being returned to your native country, you can request an asylum interview. However, if you do not meet any of the conditions above for avoiding an expedited removal, your best option might be to remain silent and ask to speak to an attorney.