What is expedited removal in immigration and when does it apply?

paola vanessa romero rondon
2 days ago
4 min read

Expedited removal is a legal process that allows the U.S. government to quickly deport certain immigrants without them having the right to appear before an immigration judge. This procedure is authorized by the Immigration and Nationality Act (INA, section § 235(b)(1)) and applies primarily at or near the border.

Who can be deported by expedited removal?

An immigration officer can order your immediate deportation if:

You do not have a valid visa to enter the country,
You entered with false or altered documents,
You were apprehended near the border (up to 100 miles from the land border and within 14 days of entry).

In these cases, there is no hearing with a judge. The decision is made directly by an immigration officer.

When can expedited removal NOT be applied?

Not all immigrants can be deported immediately. There are important legal protections. Expedited removal may not apply if:

1. You have been in the country for more than 14 days

The law only allows you to use expedited removal if you entered less than 14 days ago and were apprehended near the border.

2. You are far from the border

This process only applies if you were stopped within 100 miles of a land border (with Mexico or Canada).

3. You are afraid to return to your country

If you say that you have a fear of persecution or torture in your country, the officer must send you for a credible fear interview. If the fear is justified, your case goes to a judge.

⚠️ Important! If you are afraid to return to your country, you must say so from the very beginning. If you do not mention it, you may lose your right to protection.

Can I have my case heard by a judge?

Yes, you can if:

You have been in the country for more than 14 days.
You were detained in a city or area far from the border.
You said you are afraid to return to your country.
You are a U.S. citizen, legal resident, TPS applicant or have a valid immigration status.

In these cases, you have the right to a hearing before a judge, where you can:

Present your legal defense,
Show proof of your time in the USA,
Seek the assistance of an attorney.

So what can you do if you are detained and told that you will be deported quickly?

First, ask to speak to an immigration attorney. Second, don't sign any papers without understanding them. And if you have been in the U.S. for a while, try to keep proof of your stay, such as invoices, dated photos, messages, bus tickets, anything that has a clear date.

Remember something very important: although expedited removal is legal in some cases, it does not apply to all cases. If you know you have been living in the U.S. for some time, if you did not enter through the border, or if you are afraid to return to your country, you can ask to have your case reviewed by a judge. Do not be intimidated. Acting quickly and talking to a lawyer can make all the difference.

Frequently Asked Questions (FAQ)

Can I be deported without seeing a judge?

Yes, but only if you meet the legal conditions for expedited removal (short stay in the U.S., detention near the border, and no fear of persecution).

Can I apply for asylum if I am subject to expedited removal?

Yes, if you express fear of returning to your country, you must receive a "credible fear" interview with an asylum officer.

How much time do I have to avoid deportation?

You must act immediately. If you have been in the U.S. for more than 14 days or were not detained near the border, you can ask for a hearing with a judge.

What evidence is there to prove that he was already in the U.S.?

Dated receipts,
Photos with location and time,
Messages or e-mails,
Bus or plane tickets within the country.

Do you need a lawyer to help you get your papers in the United States?

At Inmigración Ok Abogados, we provide you with the help you need. We are a law firm with extensive experience in helping people like you to settle legally in the country.

Our firm not only stands out for its professionalism and efficiency, but also offers payment facilities so that you do not feel that your dreams are out of reach due to economic barriers. Inmigración Ok Abogados is committed to you, and our main objective is to make sure you have the best legal representation for your case.

Let us be part of your journey to a better and safer life in the United States. Our team is ready to answer all your questions and guide you through every step of the process, and best of all, your initial case review is free of charge!

Don't wait any longer and take the first step towards your future in the U.S. Write to us now to our WhatsApp al +1 (908) 585-4523! Our team looks forward to hearing your case and providing you with the advice you deserve. We will review your case free of charge.