Expedited Removal
What does "Expedited Removal" mean in law?
Expedited removal is a streamlined process under INA section 235(b)(1) that authorizes immigration officers -- rather than immigration judges -- to order the removal of certain noncitizens who are inadmissible for fraud, misrepresentation, or lack of valid documents, without a full hearing before an immigration court. It applies to individuals arriving at ports of entry and, by regulatory expansion, to those found within the United States who cannot establish continuous physical presence for two years and were not admitted or paroled. A critical safeguard exists for those expressing a fear of persecution: such individuals must be referred to a credible fear interview with an asylum officer, and a positive determination allows the claim to proceed to full immigration court proceedings. The limited judicial review of expedited removal orders, upheld in DHS v. Thuraissigiam (2020), raises significant due process questions that are frequently tested in immigration law courses.
Definition
Expedited removal is a streamlined process under INA section 235(b)(1) that authorizes immigration officers -- rather than immigration judges -- to order the removal of certain noncitizens who are inadmissible for fraud, misrepresentation, or lack of valid documents, without a full hearing before an immigration court. It applies to individuals arriving at ports of entry and, by regulatory expansion, to those found within the United States who cannot establish continuous physical presence for two years and were not admitted or paroled. A critical safeguard exists for those expressing a fear of persecution: such individuals must be referred to a credible fear interview with an asylum officer, and a positive determination allows the claim to proceed to full immigration court proceedings. The limited judicial review of expedited removal orders, upheld in DHS v. Thuraissigiam (2020), raises significant due process questions that are frequently tested in immigration law courses.
Example
A noncitizen arriving at JFK Airport without a valid visa is placed in expedited removal by a CBP officer, but after expressing fear of returning to her country, she is referred for a credible fear interview that will determine whether her case proceeds to full asylum proceedings.