At the law firm of Robert S. McCormick, Attorney at Law in Grand Junction and Durango, Colorado, I defend prospective immigrants targeted for expedited removal by officers of U.S. Customs and Border Protection (CBP) and Immigration and Custom Enforcement (ICE). A non-U.S. citizen who is denied entry to the United States at the border or who is arrested inside the country and put into expedited removal proceedings is not afforded the same legal rights as other non-citizens. If you or a loved one are at risk of expedited removal, it is crucial that you speak with an attorney.
Expedited removal has been used for more than 40 percent of all deportations that occurring between 2012 and 2019. This process is used to deport noncitizens quickly without giving them the right to attorney representation or a court hearing. A person who is deported via expedited removal cannot legally re-enter the United States for five years.
An immigration officer has the power to initiate expedited removal proceedings against a person who tries to enter the United States without authorization, or someone who is arrested in this country if certain criteria are met. Prior to an executive order issued by former President Trump, expedited removal could only be used to deport an undocumented immigrant in the U.S. if he or she had been in the country fewer than 14 days and was arrested within 100 miles of U.S. border. In 2019, the Department of Homeland Security announced that it would expand the scope of expedited removal, allowing immigration officers to arrest any undocumented immigrant anywhere in the United States as long as the immigrant had been in the country for less than two years. The legality of this expansion is still in question. Some people have speculated that the rules might change again under the new administration, so you should speak with a qualified immigration lawyer regarding the latest developments.
There are limited options for fighting expedited removal, so action must be taken promptly. Unless a person can convince an immigration officer that they are not subject to expedited removal, the officer can continue the deportation process without delay. This is why it is essential to consult a lawyer if your status in the U.S. is in jeopardy.
Proving one’s right to be in the country can be extremely difficult for people who do not know their rights, cannot communicate fluently in English or are justifiably afraid. People who cannot be legally deported via expedited removal include:
People who are legally protected from deportation are occasionally removed improperly because they are unable to convince immigration officers of their right to remain in the United States.
An expedited removal order that is issued without valid legal grounds can be challenged by an attorney, whether deportation occurred at the border or ICE made an arrest within the United States. Unfortunately, it is rarely possible to stop an expedited removal in progress. The legal challenge will likely need to take place after deportation has occurred. As your attorney, I can seek to have your expedited removal order overturned on the grounds that you qualify as a refugee or are a U.S. permanent resident or citizen. I can also help you fight the five-year re-entry ban by filing a request to reapply for admission and a waiver of inadmissibility.
Robert S. McCormick, Attorney at Law in Grand Junction and Durango, Colorado assists clients targeted for expedited removal and border deportation. To schedule your free consultation, call 833-880-7192 or contact me online.