What you need to know about expedited removal under INA §235(b)(1)
In light of the U.S. government's new enforcement policies, there will be an unprecedented use of INA §235(b)(1) to expeditiously remove aliens from the United States WITHOUT JUDICIAL REVIEW. For this reason it is important to understand what expedited removal is and whom it affects.
What is expedited removal?Expedited removal is a procedure by which an immigration officer becomes the proverbial "judge, jury, and executioner." It permits an immigration officer to make the factual finding that an alien is subject to expedited removal AND to execute the order (i.e. physically remove the alien from the United States) all without judicial review. The law relating to expedited removal is found at INA (Immigration and Naturalization Act) ?235.
What are the consequences of being expeditiously removed pursuant to INA ?235(b)?An alien who is expeditiously removed from the United States is subject to the same legal disabilities as an alien ordered removed from the United State by an immigration judge, except that an alien subject to expedited removal has no recourse to review by the Board of Immigration Appeals. The main consequence is that the alien will thereafter be barred from re-entering the United States as an immigrant for many years unless he or she applies for and is granted a special waiver.
Who is subject to expedited removal? Am I at risk?In general, you are subject to expedited removal if:
(1) You are apprehended at or near the border without documents unless you received advance parole; or
(2) You are apprehended inside the United States and cannot prove prove that you have either lived here for two or more years OR that you entered the United States lawfully (i.e. with a visa).
If either of these conditions apply to you, your only defense to expedited removal is if you can articulate a valid claim for political asylum.
How can I best be prepared if I am threatened with expedited removal?Historically, it has proven useful to know your rights. You have a right to remain silent. If you are encountered in the interior of the United States, it is difficault for an officer to make the findings necessary to subject you to expedited removal unless you make admissions.
If you are not subject to expedited removal, you should carry proof with you at all times which could be either proof that you have lived in the United States for at least two years or proof that you entered the United States with a visa, even if you overstayed.
If you are subject to expedited removal, you should also understand the elements of a valid asylum claim. If you can make a valid asylum claim, you should be able to articulate it clearly.
An attorney can prepare a package for you containing such proof and a letter of explanation that you can show to any immigration officer if you are apprehended. Such a package is no guarantee that you will not be expeditiously removed, but it increases your odds greatly of not being expeditiously removed. If an attorney prepares such a package for you, he or she can include within it a signed, original Form G-28 which authorizes immigration authorities to speak directly to your attorney.