What is expedited removal?

Expedited removal is the process by which the Department of Homeland Security (DHS) quickly deports inadmissible aliens from the United States. Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens that are “inadmissible” or unable to be lawfully admitted may be deported. An alien is admissible when he or she presents valid documents allowing entry into the United States.

Establishing Proof of Admissibility to the United States

Examples of valid documents for admission to the United States are a visa and valid I-94 Record of Arrival/Departure issued in the alien’s own name. Another form of admission is being “waived through,” or “paroled” into the country. An alien who is admitted with a re-entry permit or some other conditional form of permission to enter the United States is said to be paroled in.

Illegal Entry and Expedited Removal

Entry without inspection by a U.S. official constitutes illegal entry. Similarly, entry using counterfeit, altered, or otherwise fraudulent documents, does not constitute proper “admission” into the United States. Rather, aliens who attempt to enter by sneaking past immigration authorities or using someone else’s entry documents are said to perpetrate a fraud on the government by seeking an immigration benefit and are subject to expedited removal if caught.

A common example of expedited removal occurs when a foreign national uses someone else’s documents allowing legal entry into the United States. Counterfeit visas, passports, and I-94 cards are sold on the black market. They are usually issued in someone else’s name. Almost every entry or admission into the United States is done by fingerprinting or scanning the identity document of the alien seeking ingress.

After entering the United States, intending aliens who then seek to obtain status are required to submit biometrics as part of their applications for relief. These fingerprints and the standard background checks later reveal that the alien used, as a hypothetical example, someone else’s border crossing card to gain admission into the country. The picture on the card is different, but the fingerprints are the same. This is how the Department of Homeland Security discovers the alien was previously deported, but re-entered the United States without inspection.

Once it is determined that the alien used altered, counterfeit, or fraudulent documents to enter, DHS has authority to send the alien back home. Depending on the distance, this may be accomplished by land, sea, or air. When the alien next crosses the border unseen, the consequences of the prior expeditious removal are not immediately apparent, but almost always have a deleterious effect on the alien’s ability to seek future relief from removal.

Case Studies: Expedited Removal and Fraudulent Documents

Case Study 1: The Impersonation Game

Juan, a young man from Central America, seeks a better future in the United States. Desperate to enter the country, he falls victim to human smugglers who provide him with a counterfeit visa and fake identification.

Successfully making it across the border, Juan’s relief is short-lived when immigration authorities discover the deception during routine biometric checks. He faces expedited removal, leaving him devastated and uncertain about his future.

Case Study 2: The False Hope

Marta, a single mother, yearns for a safer environment for her children and decides to attempt illegal entry into the United States using forged documents. With counterfeit papers, she manages to bypass initial scrutiny and enters the country undetected.

However, her deception is later exposed during a routine check, leading to her apprehension and subsequent expedited removal. Marta’s dreams of a better life are shattered, and she faces the harsh reality of being barred from re-entering the United States for a decade.

Case Study 3: The Stolen Identity

Raj, an ambitious young professional, sees an opportunity to further his career in the United States. Lacking a legitimate work visa, he resorts to purchasing someone else’s identity documents from the black market.

The plan initially seems successful as Raj secures a job and begins his new life in America. However, fate catches up with him during an employment verification process, where his fingerprints reveal the truth about his fraudulent entry. Raj faces expedited removal, jeopardizing his career prospects and leaving him with a tarnished record.

Consequences of Expedited Removal and Getting Help

A prior expedited removal order makes the alien inadmissible to the United States and bars his or her return for up to 10 years, depending on how long he or she was unlawfully present in the country. Because unlawful presence in the United States begins to run from the time of expedited removal, it’s best to consult an immigration attorney to explore your options to return to or seek relief in the United States after this occurs.