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Expedited Removal: What is it? Who is vulnerable? How to protect yourself.

Expedited Removal: What is it?  Who is vulnerable? How to protect yourself.

by Erica Reilly

Introduction: Expanded Use of Expedited Removal

In their first week back in office, the Trump Administration expanded the use of Expedited Removal. While expedited removal is not new, the policy greatly changes who can be subject to it.

What is Expedited Removal?

Expedited Removal allows an Immigration & Customs Enforcement (ICE) official to order an individual removed from the United States without presenting them to the immigration court.  It only applies to those who have not been admitted to the U.S.  In other words, individuals who entered the U.S. on visas are not subject to this particular version of expedited removal.  Individuals who have not been admitted, or entered without inspection, may be subject to expedited removal.

Expedited removal was created in 1996, and, since then, has been limited to individuals encountered within 100 miles of the border who had arrived within the previous 14 days. Those found to meet those conditions were subject to a quick administrative deportation without the benefit of appearing before an immigration judge. Those who did not meet the conditions would be placed into removal proceedings and have the right to submit applications for relief from deportation to be reviewed by an immigration judge.

In its efforts to “enhance national security and public safety” while “reducing government costs,” the Trump Administration has expanded who can be subject to expedited removal.

What Has Changed?

The Trump Administration’s expansion of expedited removal means that ICE and CBP officers can use this quick administration removal process for undocumented individuals anywhere in the United States who cannot prove that they have been in the United States for at least two years. This is a drastic change in policy that puts many more people at risk of expedited removal, even those who have lawful entries.

What can people do to protect themselves from Expedited Removal?

In addition to staying informed about your rights when ICE comes to your workplace or when ICE comes to your home, there are ways that you can protect yourself from expedited removal. First, you have no obligation to carry with you any foreign documentation which would automatically prove your citizenship. Individuals do not need to answer questions by ICE or CBP, provide any documentation, or even open their door.

Documentation for Long-Term Residents

If you have been in the United States for at least two years, it is important to carry documentation proving your presence in the U.S.  This can include tax returns, paystubs, lease agreements, bank statements, or any other documentation with your name and a date that demonstrates you were present in the United States at that time. It is important to update this documentation as time goes on as well.

Evidence of Your Legal Status

If you have a lawyer, current lawful status, or a pending application that allows you to remain in the United States, carry documentation of that with you as well. This can include receipt notices, work permits, a copy of your attorney’s business card and contact information, or notice of an upcoming hearing before an immigration judge.

Your Rights When Taken into Custody

If you are taken into custody, do not sign anything without speaking to or consulting with an experienced immigration attorney. If you have a fear of returning to your home country, state that loudly and often. Be sure that a loved one has contact information for your immigration attorney, as well as your full name, date of birth, country of birth, and alien number (if you have one) so that you can be located quickly.

Judicial Challenges to the Expanded Policy

There are already challenges being mounted against this new policy in federal courts. This expansive definition of who qualifies for expedited removal can result in the detention or removal of individuals who have been here many years, US citizens who do not carry proof of their citizenship with them at all times, and those who have a genuine fear of returning to their home country but have not yet filed applications for asylum.

Know Your Rights and Be Prepared

These next few years will be increasingly difficult for immigrant communities. Understanding these quickly changing policies and your rights in the United States can help to protect you, your family, and your community during these challenging times. The attorneys and staff at Benach Collopy are reviewing and analyzing changes as they happen so that we can provide the best advice to our clients and those seeking our counsel. We will not let these fear tactics stop us from protecting the rights of immigrants and refugees.

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