What is Expedited Removal?
Expedited removal is nothing new in the United States. However, the Trump Administration expanded the use of expedited removal and changed who may be subject to it. For any immigrant, expedited removal is very detrimental. It allows them to be quickly deported without attending a hearing before an immigration judge and denies them their due process. This can result in individuals being wrongfully removed from the country when they have a valid and reasonable fear of persecution in their own country. Below, our Atlanta deportation defense lawyer explains more about the process.
Understanding Expedited Removal
Using expedited removal, Immigration and Customs Enforcement (ICE) agents can order individuals to be removed from the country without giving them the opportunity to attend a hearing before an immigration judge. Only individuals who do not have legal immigration status in the United States are subject to it, meaning that visa and green card holders cannot face expedited removal. It only applies to individuals who entered the country outside of a designated port of entry, or who have not been admitted.
How has Expedited Removal Changed Over the Years?
Expedited removal has existed since 1996 but at that time, its use was much more limited. Historically, the process only applied to individuals located within 100 miles of the border who had arrived within 14 days previously. Any other individuals facing deportation retained the right to a hearing before an immigration judge.
This year, the Trump Administration expanded expedited removal. Now, it can apply to anyone who does not have legal immigration status in the United States and who cannot prove that they have lived in the country for at least two years. This significant change has placed many more people at risk of removal, even if they legally entered the country.
Protecting Yourself from Expedited Removal
There are many steps you can take to protect yourself from expedited removal. These include:
- Documentation of residence: If you have resided in the country for two years or longer, it is essential that you carry documentation that proves this fact. Documentation can include pay stubs, tax returns, bank statements, and lease agreements. As time goes on, ensure this documentation is updated, as well.
- Proof of legal status: If you are a visa or green card holder, it is critical to have this documentation on you at all times. Expedited removal only applies to people who are illegally in the country.
- Remain silent: If you are arrested and taken into custody, do not say anything until you have spoken to an attorney. You are not obligated to answer any questions and anything you say can be used against you.
Our Deportation Defense Lawyer in Atlanta Can Protect Your Rights
Expedited removal has always been difficult for immigrant communities but today, it poses even more of a threat. If you or someone you love has been arrested, our Atlanta deportation defense lawyer can help. For a consultation to discuss your needs and case, please Shirazi Immigration Law, Inc. today at 404-523-3611.
Source:
whitehouse.gov/presidential-actions/2025/01/protecting-the-american-people-against-invasion/
