Expedited Removal and Deportation

This article will discuss the types of non-citizens who can be made to leave the U. S. immediately without going before an immigration judge.

In most cases an individual who is foreign-born, who the U. S. government officials considers deportable is not sent away from the U. S. immediately however, they are allowed a full hearing before an immigration judge. In other specific instances however, the Department of Homeland Security can deport a person despite their immigration status without giving them an opportunity to see an immigration judge. This article will discuss the types of non-citizens who can be made to leave the U. S. immediately without going before an immigration judge.

It is interesting to note that an individual can be immediately deported from the United States within a matter of hours or days, depending partly on where they were met or found. The process of deporting an individual immediately without giving them an opportunity to make a case before an immigration judge is referred to as expedited removal. This process only applies to a small group of people who are encountered by immigration authorities.

Expedited removal proceedings may only be administered to arriving aliens. Arriving aliens are basically people who are attempting to enter the United States at a border, unlawful entry point or people who recently entered the United States unlawfully. Before issuing an expedited removal order, an immigration officer must determine that the person is inadmissible to the U. S. because they either:

?Lied or misrepresented a material fact, including falsely claiming U. S. citizenship in obtaining U. S. entry documents for admission, or

?Does not have a valid entry document, such as a visa or border crosser card or travel document, such as a passport

Despite the fact that there are many people who are inadmissible for one of these reasons, most of them will not be subject to expedited removal. The government may initiate expedited removal proceedings in the circumstances noted below:

?Designated port of entry - expedited removal is most commonly used at designated ports of entry including airports, sea ports and land border crossings. If you are seeking admission into the U. S. at a port of entry and the border agent determines that you do not have valid documentation or have lied about anything relating to your admissibility the agent will initiate expedited removal proceedings and you will be deported immediately.

?People arriving by sea but not at designated ports of entry – foreign-born persons arriving in the U. S. by sea and not at a designated port of entry or who are interdicted at sea and brought to the United States may be subject to expedited removal for up to 2 years after arrival. The basis as to whether they are placed in ordinary proceedings or expedited proceedings is dependent on a number of factors and it is basically at the discretion of the Department of Homeland Security.

?Undocumented immigrants within 100 miles of a U. S. land border - such persons may be placed into expedited removal proceedings unless the person can demonstrate to the immigration authorities that they have been continuously present in the U. S. for at least 14 days.

For immigration assistance seek out a Columbus immigration lawyer office today.

For an immigration attorney in Detroit, the author recommends the Herman Legal Group.

If you’re looking for an Immigration Office in Columbus for your deportation problems, then the author of this article recommends the Herman Legal Group.