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The Expansion of Expedited Removal

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The Department of Homeland Security announced a notice late last month that drastically changes the power that immigration officers have to remove an undocumented immigrant from the country.

According to the new rule, announced July 23, any undocumented person found in the United States who cannot prove that they’ve been in the country for at least two years may be removed from the U.S. without a hearing before an immigration judge. This changes the previous rule, which only allowed this type of expedited removal if the undocumented immigrant was within 100 miles of the border and had been in the country less than 14 days.

In essence, this rule means that an undocumented immigrant will not be entitled to a hearing before an immigration judge before deportation unless the person can prove presence in the U.S. of at least two (2) years. It also means that the undocumented immigrant will be denied the due process protection of the right to an attorney. As a precautionary measure, we suggest that undocumented individuals have proof that they have been in the country for at least two years readily available.

It is important to note that this new expanded rule does not apply to unaccompanied children. And to be very clear, expanded expedited removal does not apply to any person who has been legally admitted to the country. Further, “undocumented immigrants can apply for asylum when they are apprehended, potentially delaying an immediate deportation until a credible-fear hearing and a determination is made.”

The new rule follows a long list of changes that have been made to immigration and border control by this Administration. As of August 6, 2019, a lawsuit has been filed challenging the expanded expedited removal rule.

For more information, check out these FAQs on Expanded Expedited Removal from the Catholic Legal Immigration Network.

 

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Valverde Law PLLC is an immigration law firm dedicated exclusively to U.S. Immigration and Nationality Law. Because we only practice immigration law, we can provide our clients with the experience and expertise to handle immigration cases, from the simple to the most complex. We are located in Virginia Beach, Virginia, where the historic Cape Henry lighthouse (pictured above) sits near the site of the “First Landing” of the first English immigrants to our shores. Even though we are based in Virginia Beach, our lawyers represent clients nationwide and worldwide in immigration matters.

At Valverde Law we believe immigrants make America great! What makes Valverde Law different from other firms is our approach to our cases which center around three values:

Educate – We value the importance of educating our clients and explaining immigration law in terms that they can understand so that our clients can make informed decisions about what is best for them.

Honesty – We value the importance of providing our clients with honest answers about their cases.

Expertise – We value the importance of providing our clients with the best possible legal representation in immigration law cases by dedicating our law firm exclusively to immigration law.

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Valverde is the real deal, he help us with two different cases and got absolutely positive results. I recommend him with all my trust and faith. Actually we will be bringing another family member to his representation pretty soon. He is the one to see!

Isabel Guzman

We have had excellent lines of communication and service from Hugo Valverde and would highly recommend him for your legal needs, especially in the area of immigration matters.

Stephen Ervin

Excellent lawyer! Got Results. Good and timely communication.

Raquelita Susena

Valverde is the real deal, he help us with two different cases and got absolutely positive results. I recommend him with all my trust and faith. Actually we will be bringing another family member to his representation pretty soon. He is the one to see!

Isabel Guzman

We have had excellent lines of communication and service from Hugo Valverde and would highly recommend him for your legal needs, especially in the area of immigration matters.

Stephen Ervin

Excellent lawyer! Got Results. Good and timely communication.

Raquelita Susena