Immigration can be incredibly complex and can become a major source of stress for individuals who are facing serious consequences, such as expedited removal. While a good deal of immigration issues an individual can face take a longer period of time to go through, giving individuals ample time to hire a qualified attorney, get advice and go to court in order to try to stop the actions, expedited removal is a much faster process. In many cases, those who are facing this threat get little or no warning and are deported before they can actually talk to an attorney or get in front of a judge to hear their case. Before you’re faced with this type of situation, it’s important to understand more about this process to ensure you are equipped to handle it correctly. While not all cases can be stopped and many are justified, this is certainly not always the case.
What Is an Expedited Removal?
First and foremost, it’s important to understand exactly what an expedited removal entails. Unlike many other immigration actions individuals are familiar with, this process is typically started by a low-level immigration officer who is working at the border or another port of entry into the United States, such as a port of call for ships or an airport. An expedited removal is ordered when an individual who is coming to the United States from another country is flagged as a potential violation of one of the rules when it comes to traveling to the United States, such as for work purposes. These individuals are then denied entry into the country and are issued an automatic five-year ban from traveling to the United States. In certain situations, this ban may be longer.
Who Can Be Targeted by Expedited Removal?
Only incoming travelers to the United States who are from foreign countries can face expedited removal and be barred from entering the United States. However, as long as you are completely honest regarding the questioning of immigration officers and your reasons for entering the United States are legitimate, there’s no reason to fear an expedited removal. The problem comes when the immigration officer questioning an individual identifies any red flags. There are a number of things that can be considered a red flag and unfortunately, many of them rely on the interpretation of the immigration official, which can lead to misunderstandings and unnecessary expedited removal orders. Some common reasons an individual may be flagged for expedited removal include:
The bottom line is, in many cases, expedited removal is at the sole discretion of the immigration officer you’re dealing with, which can leave things open to interpretation. If an individual is seen as misrepresenting themselves of their intentions in any way, it is reasonable to deny them entry to the country.
There Are Exceptions
Like many other issues surrounding immigration, there can be exceptions to the rules when it comes to expedited removal of a foreign national. For instance, anyone who is seeking asylum in the United States cannot be turned away without question. In fact, these individuals have a right to an interview with a specially trained asylum officer who will ask the right questions to determine if the individual has a valid fear of persecution and should be granted entrance to the United States on that basis. While these cases may be extremely rare, it’s important to understand your rights in this matter if you are facing an expedited removal at the border. However, it shouldn’t be used as a simple excuse if you don’t have a real fear of persecution because of the consequences that could follow. The outcome of this hearing can be challenged in front of an immigration judge. This hearing is typically scheduled between 24 hours and seven days from the date of the appeal. Prior to 2017, residents of the Western Hemisphere were automatically exempt from expedited removal, but this is no longer the case because laws have changed.
Instances Are on the Rise
Whether it’s caused by an increase in individuals who are trying to immigrate to the United States or simply a crack down on the number of people allowed to enter the country, the number of expedited removals that are taking place has steadily been on the rise. This trend peaked in 2013 and has seen a slight decline in the years following, most likely due to the number of people truly seeking asylum out of fear of persecution in their home country. However, this doesn’t mean it isn’t a real concern for those who may wish to travel to the United States. It’s critical to know what you should avoid doing and how you should handle yourself before you attempt to enter the United States. Even if you have nothing to hide, even a small error can leave the immigration officer questioning your true intentions and increasing the risk you will face an expedited removal.
What You Can Do
If you’re planning to travel to the United States, whether for business or pleasure, there are certain things you should learn about what you can and can’t do, both leading up to your travels and when you’re in front of an immigration officer at the point of entry. First and foremost, do your research on what items you are allowed to bring and what you can do while you’re visiting in the United States. Without the proper documentation, you aren’t allowed to work in the United States, even if you aren’t getting paid. It’s also important to follow these tips:
Not All Expedited Removals Are Warranted
Unfortunately, because immigration officers are also human, mistakes can be made. Perhaps you accidentally misrepresented yourself or your intentions with no ill intent. Maybe the immigration officer misunderstood something you said. There are many reasons an expedited removal may occur, even when it isn’t warranted. Because the immigration officer is the only say in whether you will be denied access, it’s entirely possible for them to deny your entry for no valid reason. In these situations, you will need to appeal the process in front of a judge in order to get your ban lifted. They will be able to determine whether the immigration officer acted appropriately or if your removal was unwarranted. While it won’t restore the trip you’ve lost, it can remove the ban. However, if the ban isn’t removed, you will need to apply for a waiver before you can gain entry into the United States in the future.
If you were the subject of an expedited removal and feel it was unwarranted, it’s important to seek legal assistance as quickly as possible. Contact Ankeny Law to find out whether you have a case.
