An expedited removal is when the Department of Homeland Security (DHS) can deport a person who has no immigration status, without giving that person any opportunity to see an immigration judge.

An expedited removal only applies to a small group of people who immigration officials encounter. Arriving aliens, or people attempting to enter the U.S. border or lawful entry point, and people entering unlawfully, are subject to expedited removal. An immigration officer must determine if they lied about U.S. citizenship or obtaining entry documents, or do not have a valid entry document including a visa or passport. Most people who fall under this category will not be subject to expedited removal.

Once an immigration official determines that you do not have valid documents or have lied about anything related to your admissibility, they will begin the process of expedited removal to have you deported as soon as possible. In some cases, officials may send a person to an immigration court rather than initiating an expedited removal depending on their nationality.

Several groups are not subject to or not considered for expedited removal. People seeking asylum from a threat of persecution or torture in their country will not be immediately subject to expedited removal, but will be detained. The asylum seeker will talk to an official to establish what’s known as credible fear of returning to their home country.

Mexican and Canadian nationals found within 100 miles of the U.S. boarder will have regular proceedings before an Immigration Judge rather than an expedited removal proceeding as a Department of Homeland Security policy. People who have entered the U.S. Illegally will still be subject to expedited removal.  Officials may place Mexican and Canadian nationals with a criminal record or immigration violations into expedited removal proceedings. The DHS does not place Cuban nationals in expedited removal proceedings as a matter of policy.

“Any immigrant who hasn’t become a U.S. citizen can be deported if they have a violation or felony listed on I.N.A”

If an official gives you an expedited removal order, the consequences are the same as if officials issued you an order of removal in ordinary immigration court proceedings. Lying about your status can result in later finding that you are inadmissible or permanently barred admission. It is important to consult with an experienced immigration lawyer if you are unsure about your admissibility into the U.S. or if you feel officials have wrongly placed into an expedited removal proceeding.

Additional Resources:

1. Deportations
2. Immigration Detention
3. Expedited Removal
4. Voluntary Departure
5. Immigration Bond
6. Asylum
7. Gender-Based Asylum
8. LGBT Asylum
9. Withholding of Removal
10. Convention Against Torture (CAT)