News & Insights

Who Is Subject to Expedited Removal?

Individuals Arriving by Sea

• Any person who arrives in the U.S. by boat or other sea vessels and is not admitted or paroled into the country.
• Individuals must demonstrate they have been physically present in the U.S. continuously for at least two years to avoid expedited removal.
• The burden of proof lies with the individual to show continuous presence.

Exceptions

• Cuban Nationals: Cuban citizens arriving by sea are exempt from expedited removal due to longstanding U.S. policy under the Cuban Adjustment Act.
• Crewmen and Stowaways: These categories have specific removal procedures under the INA and are not subject to expedited removal.

Rights and Process for Asylum Seekers

Credible Fear Interview

• If an individual expresses a fear of persecution or torture or indicates an intention to apply for asylum, they are referred to an asylum officer.
• The officer conducts a credible fear interview to determine whether the individual has a reasonable fear of returning to their home country.

Criteria for Credible Fear

• A credible fear is established if there is a significant possibility that the individual could establish eligibility for asylum, withholding of removal, or protection under the Convention Against Torture (CAT).

Referral to Immigration Judge

• If credible fear is found, the individual is placed in removal proceedings where they can present their asylum case before an immigration judge.
• Those who fail the credible fear interview are typically detained and removed from the U.S., but they may request a review of the decision by an immigration judge.

Detention and Parole

• Individuals in expedited removal proceedings are generally detained throughout the process.
• Parole may be granted in limited cases for humanitarian reasons or significant public interest under INA § 212(d)(5).

Key Points for Asylum Seekers

• One Opportunity to Present Fear: It is critical for individuals to clearly and honestly articulate their fear of persecution during the credible fear interview.
• No Bond Eligibility: Individuals in expedited removal proceedings are not eligible for bond and cannot request bond hearings.
• Legal Representation: While individuals have the right to consult with an attorney, they are not entitled to government-appointed counsel.

Historical and Policy Context

1996 Introduction of Expedited Removal

Expedited removal was first introduced by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) to streamline the deportation process for certain inadmissible individuals.

2002 Expansion to Sea Arrivals

• In response to concerns about illegal migration by sea and national security, the Department of Justice expanded expedited removal to individuals arriving by sea who had not been in the U.S. continuously for two years.
• This policy aims to deter dangerous sea journeys and ensure prompt resolution of immigration claims.

Further Expansions

• Subsequent administrations have expanded expedited removal to include other categories of individuals, reflecting its central role in U.S. border enforcement policy.

Practical Advice for Asylum Seekers

Documentation

• If you have been in the U.S. for two years or more, carry evidence (e.g., utility bills, rental agreements) to show continuous physical presence.

Credible Fear Preparation

• Clearly articulate the reasons for fearing persecution or harm in your home country. Use specific examples and supporting details.

Legal Guidance

• Consult with an experienced immigration attorney to understand your rights and prepare for interviews or hearings.

Authoritative Sources for Further Reference

• Immigration and Nationality Act (INA) Section 235(b)
• 8 CFR § 235.3 – Expedited Removal of Aliens
• USCIS Credible Fear Process