The Expansion of Expedited Removal
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.