News & Insights

Expedited Removal Methods

Expedited removal can be applied under different circumstances, each with specific criteria:

At Ports of Entry (Standard Expedited Removal)

• Individuals who attempt to enter the U.S. at an official port of entry with fraudulent documents or no valid entry documents may be placed in expedited removal immediately.

Near U.S. Borders (Border Zone Expedited Removal)

• Applies to individuals found within 100 miles of a U.S. border who entered unlawfully and have been in the U.S. for fewer than 14 days.
• This method is commonly used for individuals crossing land borders from Mexico or Canada.

Within the U.S. Interior (Expanded Expedited Removal)

• DHS has the authority to expand expedited removal to individuals found anywhere in the U.S. who cannot prove two years of continuous presence in the country.
• This method targets those who entered unlawfully by sea or overland and evaded detection.

Sea Arrivals (Maritime Expedited Removal)

• Individuals intercepted at sea, including those arriving by boat or ship without proper documentation, can be placed into expedited removal.
• This method is often used in cases involving migrants from the Caribbean or Central America attempting to reach U.S. shores.

How Expedited Removal Affects Asylum Seekers

Expression of Fear

• Regardless of the expedited removal method, any individual who expresses a fear of returning to their home country must be referred for a credible fear interview.
• This ensures their protection rights under U.S. and international law are preserved.

Credible Fear Interview

• Asylum officers assess whether there is a significant possibility that the individual may qualify for asylum or other forms of relief (e.g., protection under the Convention Against Torture).

Review by an Immigration Judge

• If the asylum officer issues a negative credible fear finding, the individual can request a review by an immigration judge.

Detention During Process

• Asylum seekers are typically detained while their credible fear claims are processed. However, limited parole options exist for humanitarian reasons or law enforcement objectives.

Legal Framework and Justification

Expedited removal processes are authorized under:

• INA § 235(b): Governs expedited removal at ports of entry and within the border zone.
• INA § 212(a)(6) and (7): Defines inadmissibility for fraud, misrepresentation, or lack of documentation.
• 8 C.F.R. § 235.3: Details the implementation of expedited removal and credible fear procedures.

The process is intended to enhance border security, deter unlawful entries, and efficiently remove individuals without protection claims or lawful status.

Key Protections and Exceptions

Protections for Asylum Seekers

• All expedited removal processes include safeguards for asylum seekers, such as the right to a credible fear interview.

Exceptions for Vulnerable Groups

• Certain groups, including unaccompanied minors, individuals eligible for cancellation of removal, or those protected by specific settlements (e.g., American Baptist Churches v. Thornburgh), may be excluded.

Rights to Due Process

• Individuals have the right to legal representation at their own expense and the ability to appeal a negative credible fear determination.

Practical Implications for Immigrants and Asylum Seekers

Timelines and Geography

• Border zone expedited removal applies within 100 miles of the border and 14 days of entry. Expanded expedited removal applies anywhere in the U.S. if the individual cannot prove two years of presence.

Bar on Reentry

• Individuals removed under expedited removal are generally barred from reentering the U.S. for five years unless granted a waiver.

Deterrence and Enforcement

• Expedited removal aims to deter human trafficking and smuggling while preventing unauthorized reentries.

Key Takeaways

Expedited removal is a multi-faceted process applied in various contexts, from border zones to the U.S. interior. While it expedites enforcement actions, it includes protections for individuals seeking asylum or those eligible for other relief. Understanding which expedited removal method applies is critical for asserting rights and navigating the process.

Resources for More Information

• U.S. Citizenship and Immigration Services: Credible Fear Process
• Immigration and Nationality Act (INA)
• American Immigration Council: Expedited Removal Overview