"Expedited removal" is a process that allows immigration officials to quickly deport undocumented immigrants from the U.S. without giving them the chance to see a judge or a lawyer before being deported.
In 2019, The Trump administration expanded expedited removal regulations. The rule permitted the Department of Homeland Security to quickly deport certain immigrants without any of the due-process protections granted to most other people, including the right to an attorney and to a hearing before a judge. CBP officers were allowed to remove certain noncitizens without a hearing before an immigration judge, under the "expedited removal" procedures. Noncitizens would be subject to expedited removal if they: (1) had not been admitted or paroled into the U.S., (2) are determined to be inadmissible (3) have not affirmatively shown, to the satisfaction of an immigration officer, that they have been physically present in the United States continuously for the two-year period immediately preceding the date of the determination of inadmissibility.
On March 21, 2022, the Biden administration announced that it was rescinding the previous expedited removal rule. Essentially, the rule will return us to the expedited removal terms set by the Bush Administration in 2004. As of today, DHS is allowed to remove noncitizens to expedited removal who (1) are present in the U.S. without having been admitted or paroled following an inspection by an immigration officer at a designated port-of-entry, (2) who are encountered by an immigration officer within 100 air miles of the U.S. international land border, and (3) who have not established to the satisfaction of an immigration officer that they have been physically present in the U.S. continuously for the fourteen-day (14-day) period immediately prior to the date of the encounter.
If you face deportation and expedited removal, contact our Orange County immigration attorneys today at (949) 478-4963 to schedule a consultation!