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Immigrants at risk of expedited removal under the Trump administration

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What is expedited removal?

Expedited removal is a process by which immigration officers can remove certain noncitizens administratively and rapidly without a hearing and an immigration judge and with limited due process process. In some cases, noncitizens may be removal in a few days from apprehension under the expedited removal proceedings.

Unlike other removal orders, the expedited removal cannot be appealed and it is subject to a 5 year bar to admissibility (a noncitizen with a expedited removal order may not be able to re-enter the U.S. for 5 years after removal).

Who is at risk of expedited removal?

The Trump administration has expanded the expedited removal to include individuals 1) who are inadmissible due to misrepresentation with respect to an immigration benefit or who lack a valid entry document and 2) who either arrive at a port of entry or have been in the U.S. under 2 years.

Therefore, the expanded expedited removal may apply to the following 4 categories of noncitizens:

Parole and TSP Programs

Noncitizens who entered the U.S. via a parole program has has been terminated, modified, or paused, such as CHNV or Uniting for Ukraine, and who have not applied for other form of relief.

Individuals falling under any of the parole programs that have been terminated, modified, or paused will be out of status upon termination of their parole, unless they apply for other form of relief, and will be subject to expedited removal. Also, DHS may review the noncitizen’s unexpired parole to determine if it is still appropriate.

Failure to File for Asylum Within 1 Year of Entrance

Noncitizens who did not apply for asylum by the one year deadline are subject to the expedited removal.

Under the new policy, noncitizens who did not apply for asylum within one year of their entrance to the U.S. may be targeted first for expedited removal since the exceptions to the one year filing deadline are narrow (change in circumstances or extraordinary circumstances), which makes it harder for them to get asylum after the one year deadline.

Physical Residency Under 2 Years

Noncitizens who have been physically present in the U.S. for less than 2 years and who are inadmissible for misrepresentation or lack of a valid entry document.

The expedited removal also does not apply to noncitizens who are charged with inadmissibility on any other grounds.

Removal Proceedings

Noncitizens who were placed in removal proceedings at the entrance, but could have been placed in expedited removal. DHS is directed to take all steps necessary to review such cases and consider whether to apply expedited removal. This may
include steps to terminate any ongoing removal proceeding and/or any active
parole status.

Who is not subject to expedited removal?

  • Noncitizens who arrived by aircraft at a port of entry and citizens of counties in the Western hemisphere without full diplomatic relations with the U.S.

  • Noncitizens who are charged with inadmissibility on any other ground other than misrepresentation or fraud related to obtaining an immigration benefit;

  • Unaccompanied children;

  • Applicants for admission under the visa waiver program;

  • Noncitizens who can establish 2 years of physical presence are not subject to the expedited removal;

  • U.S. citizens, Lawful Permanent Residents, and asylees and refugees who have not had their status terminated.

How to Avoid Expedited Removal?

Individuals who are in the U.S. on parole under one of the terminated, modified, or paused programs may not be able to renew their status upon termination as well as their status may be terminated prior to the parole’s expiration by DHS. To avoid being subject to expedited removal, such noncitizens should consider filing for asylum or other forms of relief, such as lawful permanent residence, as eligible, which will enable them to apply for work authorization.

Noncitizens may also need to carry on them evidence of residency in the U.S. for the past 2 years, evidence of their status or a pending application or petition, G-28 signed by their attorney and a business card, etc. On the other hand, noncitizens be careful not to carrying on them any information giving away their birth place or nationality or information about members of their household or family.

Know Your Rights if ICE Visits Your Home

All people living in the U.S., including undocumented immigrants, have certain U.S. Constitutional rights. If you are an undocumented immigrant and ICE knocks on your door, know that you have the following rights:

  • You do not have to open the door and let the officers in unless they have a valid search warrant with your correct name signed by the judge. You may ask them to slide the warrant under the door or show it to you through the window.

  • You have the right to remain silent. You may tell them that you refuse to answer any questions and choose to remain silent. This also includes the right to refuse to show any documents showing what country you are from.

  • You are have the right to speak to a lawyer. If you have a lawyer, you may give them the G-28 signed by the lawyer. If you do not have a lawyer, you may ask them for a list of pro bono lawyers. You also have the right to contact your consulate. You can refuse to sign any paperwork until you speak to a lawyer.

How Can We Help?

If you are have been paroled under one of the parole programs that have been terminated, modified, or paused, or you are subject to expedited removal, do not wait to be apprehended by an immigration officer and call us now for a consultation to discuss any available legal options and strategies to protect your rights and ability to stay in the U.S. legally. (386) 248-3000.

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