When looking at the legal issues associated with immigration and deportation within the United States, expedited removal is a highly relevant and yet far from well-understood concept. The Department of Homeland Security (DHS) can physically eject noncitizens without giving them a chance to appear before an immigration judge. The guide details who the expedited removal process legally applies to, when authorities apply it, and the rules that serve as exceptions.
Understanding Expedited Removal in the U.S. for Nigerians
The United States established expedited removal to swiftly identify and deport noncitizens lacking proper documentation or those who have attempted to enter the country fraudulently.
Overview of Expedited Removal
- Legal Framework: The expedited removal process was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It applies primarily to noncitizens arriving at U.S. ports of entry without valid entry documents or those who misrepresent themselves during the entry process.
- Scope of Application: The process now includes noncitizens who entered without inspection and have been in the U.S. for less than two years, as well as those apprehended within 100 miles of the border shortly after their arrival.
This means that many Nigerians seeking entry into the U.S. could be subject to expedited removal if they do not meet these criteria. - When an immigration officer determines that a noncitizen qualifies for expedited removal, they issue a removal order that is generally not appealable.
This order also imposes a five-year bar on reentry into the U.S.
Protections for Asylum Seekers
While expedited removal is designed to be swift, there are protections in place for individuals who express a fear of persecution upon return to their home country:
- Credible Fear Interviews: When someone expresses a desire to seek asylum or fears returning home, they have the right to a credible fear interview with an asylum officer. If they show credible fear, they may be permitted to pursue asylum claims through regular immigration proceedings.
- Judicial Review: Should an asylum officer deny the credible fear claim, individuals can request a hearing before an immigration judge. The judge’s review is limited to assessing whether the individual’s fear is credible.
Impact of Expedited Removal on Nigerians
The situation for Nigerians facing expedited removal can be complex due to various factors:
- Legal Options Post-Removal: After an expedited removal, individuals may seek reentry into the U.S. by filing Form I-212 (Application for Permission to Reapply for Admission into the United States after Deportation or Removal) under specific circumstances, although this can be challenging, especially for those removed due to serious offenses.
- Criminal Histories: Recent cases show that Nigerian nationals with criminal records may face expedited removal more readily. For instance, Denon Amen Osunde was removed after multiple convictions and subsequent immigration violations.
- Humanitarian Concerns: The ongoing political instability and violence in Nigeria raise concerns about the safety of returning individuals. Advocacy groups have called for protections such as Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) for Nigerians facing deportation due to these conditions.
What is Expedited Removal?
U.S. immigration officials swiftly deport aliens deemed inadmissible in the U.S. through Expedited Removal. Expedited removal, therefore, is a deportation process that does not entail an immigration judge deciding on a particular case, and it can take as little as a few hours or days to complete.
Types of Non-Citizens Affected
Only specific categories of non-citizens fall under the purview of expedited removal:
Arriving Aliens
Expedited removal mostly applies to ‘arriving aliens’ meaning people who sought entry from a specified port or those who have entered the U. S. illicitly and have not been inside the territorial limit of the country for a long time. To be eligible for expedited removal, a person must meet one of the following criteria:
- Stated or omitted a material fact to get an entry document or admission into the United States; misrepresented being a US citizen.
- Arrived in the U. S. without proper immigration papers (like a visa or entrance permit) or identification (like a passport).
However, authorities will not expedite removal for everyone who is inadmissible.
People Who Arrive by Sea
Expedited removal also applies to anyone arriving from overseas by sea, even if they do not arrive at a designated port of entry. This includes individuals interdicted at sea and later brought to the United States. DHS solely determines whether to shift them to expedited proceedings based on various factors.
Undocumented Immigrants Near the Border
Authorities may initiate expedited removal procedures for individuals found within 100 miles of the border with Mexico or Canada who have entered the U.S. illegally. The time frame for this eligibility is 14 days or less.
Exceptions and Discretion
However, certain circumstances exempt the usage of expedited removals as well and occasional intervention of the government may change its course.
Asylum Seekers
The United States does not subject individuals who physically fear persecution or torture in their home country and attempt to claim asylum to expeditious removal directly. They must also have the opportunity to engage with an asylum officer to determine if their claim has merit.
Mexican and Canadian Nationals
Immigration authorities may require some Mexican and Canadian citizens, who are legally in the United States and have not violated immigration laws, to go through regular proceedings before an Immigration Judge instead of undergoing expedited removal. Nonetheless, this is not mandatory and more often is not a prerequisite for business success.
Status Claimants
African asylum seekers, refugees, U.S. citizens, and Lawful Permanent Residents represent this group of aliens entitled to a hearing from an Immigration Judge. It is therefore important to bear this in mind when coming up with reasons as to why an individual ought to be denied entry into a country due to deception such as false claims about status.
Voluntary Return
There are some circumstances where persons who arrive at the designated ports of entry can, at their instance, withdraw the application for admission rather than undergo fast-track removal. This option, while impacting the future admission of the referred person to the United States, does not carry the severity of a removal order.
Consequences of Expedited Removal
The expedited removal order imposes severe repercussions on offenders, such as barring them from reentry for five years, particularly impacting first-time offenders. Nevertheless, the ban can last for ten years, or twenty years, or become even permanent, mostly depending on certain factors.
Expedited removal is one of the major strands of enforcement mechanisms of the immigration process in the United States that enables the removal of specific aliens with relative ease. It is crucial to recognize its functioning and the cases when specific guidelines do not have to be followed. If you firmly believe that the order of expedited removal is unlawful, then seek the help of an immigration lawyer.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your understanding of expedited removal straightforward and clear. Whether you’re seeking to navigate the complexities of expedited removal processes or a B-2 Tourist Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas and permits they need for various purposes. Call us today at +234 812 5505 986 to learn how we can assist you.
