Understanding Expedited Removal and Its Long-Lasting Effects on Admission to the US.

by | Jun 14, 2024

What is Expedited Removal?

Expedited Removal (ER) is a process used by U.S. Customs and Border Protection (CBP) to quickly deport individuals who are found inadmissible to the United States. This procedure allows immigration officers to remove certain non-citizens without a hearing before an immigration judge.

Why Can a Person Be Expedited Removed?

There are several reasons why a person might be subjected to expedited removal, including:

Long-Lasting Effects on TN Admission

·  Lack of Valid Entry Documents: Individuals attempting to enter the U.S. without proper documentation, such as a valid visa or passport, are subject to expedited removal.

·  Fraud or Misrepresentation: Using fraudulent documents or providing false information to immigration officers during the entry process can lead to expedited removal.

·  Entry Without Inspection: Attempting to enter the U.S. at a location other than a designated port of entry, thereby evading inspection by CBP officers, can result in expedited removal.

·  Prior Violations of U.S. Immigration Laws: Individuals with a history of violating U.S. immigration laws, such as previously overstaying a visa or being deported, may be deemed inadmissible and subject to expedited removal.

·  Security Concerns: Persons considered a security threat to the United States can be subject to expedited removal.

·  Attempting to Enter the U.S. After Being Previously Removed: Individuals who have been previously removed or deported and attempt to re-enter the U.S. without proper authorization can face expedited removal.

·  Inadmissibility Under Specific Grounds: Those found inadmissible under certain sections of the Immigration and Nationality Act (INA) related to health, criminal activity, national security, public charge, labor certification requirements, illegal entrants and immigration violators, documentation requirements, and ineligibility for citizenship.

·  Being in the U.S. for Less Than Two Years Without Proper Admission: Individuals who have been in the U.S. for less than two years without being properly admitted or paroled into the country can be subject to expedited removal.

For citizens of Canada and Mexico, the TN (Trade NAFTA) visa is a popular means of entering the U.S. for professional purposes. However, receiving an expedited removal order can have severe, long-lasting consequences on one’s ability to obtain or maintain TN status. Here are the key impacts:

  1. Ban on Re-Entry: An ER order typically results in a five-year ban on re-entry to the U.S. This can disrupt careers and personal lives significantly.
  2. Record of Inadmissibility: An ER decision becomes a part of your immigration record, making future entries to the U.S. more scrutinized and complicated.
  3. Difficulty in Obtaining Visas: Future visa applications, including TN visas, will be heavily scrutinized. The prior ER can lead to increased denials or delays.
  4. Impact on Current Status: If you’re already in the U.S. under TN status and receive an ER order, it can lead to immediate deportation and termination of your current visa status.

Best Practices: Contact an Attorney Immediately

If you find yourself facing an expedited removal order, it’s crucial to take immediate action:

  1. Do Not Wait: Time is of the essence. The faster you act, the better your chances of contesting the ER decision.
  2. Hire an Experienced Immigration Attorney: Navigating the complexities of immigration law requires professional expertise. An attorney can:
    • Assess your situation and determine the best course of action.
    • Prepare and file necessary documentation.
    • Represent you in any proceedings or appeals.
  3. Understand Your Rights: An attorney can help you understand your rights and options, ensuring you don’t inadvertently waive any opportunities for relief.

Contesting the ER Decision

An experienced immigration attorney can help you contest the ER decision through various means, such as:

  • Filing a Motion to Reopen or Reconsider: This can be done if there were errors in the initial decision or new evidence has come to light.
  • Requesting Asylum or Other Relief: If applicable, seeking asylum or other forms of relief might halt the removal process.
  • Appealing to Higher Authorities: In some cases, it might be possible to appeal the decision to higher authorities within the Department of Homeland Security or federal courts.

Conclusion

Expedited Removal is a swift and severe process that can have profound impacts on your ability to enter or remain in the U.S., particularly for those on TN visas. The best course of action is to seek legal assistance immediately. An experienced immigration attorney can help you navigate the complexities, contest the decision, and work towards a favorable outcome. #Immigrationlaw #immigrationattorney #tondinilaw #expeditedremoval

Silvina Tondini, Esq.
Silvina Tondini is a bilingual, skilled, international advocate and a national speaker on Immigration Law with years of diversified experience providing counsel and directing individuals and business clients on business and immigration law matters.

Attorney Silvina Tondini can be reached at (760) 579-2216 or by email at info@tondinilaw.com

Disclaimer: This blog is for informational purposes only. If you have any questions, please contact our office.