The Immigration and Nationality Act (INA) Section 235 establishes the framework for expedited removal, affecting non-citizens who have been in the United States for less than two years. The statute applies to individuals who are inadmissible under Section 212 of the INA or who have committed certain crimes.
Expedited removal is triggered when an individual is encountered within 100 miles of the border and within 14 days of entry.
Expedited Removal Framework
Under Section 235 of the INA, expedited removal proceedings are conducted by immigration officers, who have the authority to order the removal of individuals who meet certain criteria, including being inadmissible under Section 212 or having committed a crime punishable by a sentence of at least one year. The process typically takes place within a 30-day time limit. In practice, this means that individuals subject to expedited removal may not have the opportunity to appear before an immigration judge.
The INA Section 235(b)(1)(A)(i) provides that expedited removal applies to individuals who are inadmissible due to lack of proper documentation, such as a valid visa or passport. The statute also allows for the waiver of certain grounds of inadmissibility for a fee of $585. This is where the law gets teeth, as individuals who are subject to expedited removal may be deported quickly, without the opportunity to seek relief.
In plain terms, expedited removal is a streamlined process that allows for the rapid removal of individuals who are deemed to be inadmissible or who have committed certain crimes. The process is governed by Section 235 of the INA, which provides that individuals subject to expedited removal are not entitled to a hearing before an immigration judge, unless they can establish a credible fear of persecution.
Types of Expedited Removal
There are several types of expedited removal, including removal based on lack of proper documentation, removal based on criminal grounds, and removal based on national security grounds. Each type of removal has its own set of criteria and procedures.
Removal Based on Lack of Proper Documentation
Under Section 235(b)(1)(A)(i) of the INA, individuals who are found to be inadmissible due to lack of proper documentation may be subject to expedited removal. This includes individuals who do not have a valid visa or passport, or who have not been inspected and admitted by an immigration officer. The statute provides that individuals who are subject to expedited removal based on lack of proper documentation may be deported within 30 days.
In practice, this means that individuals who are found to be inadmissible due to lack of proper documentation may be detained for up to 30 days, during which time they may be eligible to apply for asylum or withholding of removal. The application fee for asylum is $50, and the process typically takes several months to complete.
Removal Based on Criminal Grounds
Under Section 235(b)(1)(A)(ii) of the INA, individuals who have committed certain crimes may be subject to expedited removal. This includes individuals who have been convicted of a crime punishable by a sentence of at least one year, or who have been convicted of a crime involving moral turpitude. The statute provides that individuals who are subject to expedited removal based on criminal grounds may be deported within 90 days.
The INA Section 101(a)(43) defines the types of crimes that may render an individual inadmissible, including crimes of violence, such as murder or rape, and crimes involving moral turpitude, such as theft or fraud. In plain terms, expedited removal based on criminal grounds is a serious consequence for individuals who have committed certain crimes.
Removal Based on National Security Grounds
Under Section 235(b)(1)(A)(iii) of the INA, individuals who pose a national security risk may be subject to expedited removal. This includes individuals who are suspected of being involved in terrorist activities, or who have been found to be a member of a terrorist organization. The statute provides that individuals who are subject to expedited removal based on national security grounds may be deported within 30 days.
In practice, this means that individuals who are suspected of posing a national security risk may be detained for up to 30 days, during which time they may be interrogated and investigated by immigration officers. The statute provides that individuals who are subject to expedited removal based on national security grounds may not be eligible to apply for asylum or withholding of removal.
How Expedited Removal Works in Practice
The expedited removal process typically begins when an individual is encountered by immigration officers, who will determine whether the individual is eligible for expedited removal. If the individual is found to be eligible, they will be given the opportunity to withdraw their application for admission and return to their home country. The process typically takes place within a 30-day time limit, and individuals who are subject to expedited removal may not have the opportunity to appear before an immigration judge.
In practice, this means that individuals who are subject to expedited removal may be detained for up to 30 days, during which time they may be eligible to apply for asylum or withholding of removal. The application fee for asylum is $50, and the process typically takes several months to complete. The court has established a 6-month time limit for the completion of asylum applications, under the standard set forth in Ramos v. Nielsen.
The statute provides that individuals who are subject to expedited removal may be represented by an attorney, but only at their own expense. The attorney’s fee may range from $500 to $5,000, depending on the complexity of the case. In plain terms, expedited removal is a streamlined process that allows for the rapid removal of individuals who are deemed to be inadmissible or who have committed certain crimes.
Penalties, Fines, or Consequences
Individuals who are subject to expedited removal may face serious consequences, including deportation, fines, and penalties. The statute provides that individuals who are found to be inadmissible due to lack of proper documentation may be fined up to $1,000. Individuals who are found to be inadmissible due to criminal grounds may be fined up to $5,000 and may be subject to a 10-year bar to re-entry.
In practice, this means that individuals who are subject to expedited removal may face significant financial penalties, in addition to the risk of deportation. The statute provides that individuals who are subject to expedited removal may be eligible to apply for a waiver of certain grounds of inadmissibility, for a fee of $585. The court has established a 3-year time limit for the payment of fines, under the standard set forth in U.S. v. Lopez.
The penalties for expedited removal vary by state, with some states imposing stricter penalties than others. For example, California imposes a fine of up to $2,000 for individuals who are found to be inadmissible due to lack of proper documentation, while Texas imposes a fine of up to $5,000. In plain terms, the penalties for expedited removal are serious and may have significant consequences for individuals who are found to be inadmissible.
Special Situations or Edge Cases
Asylum Seekers
Individuals who are seeking asylum may be eligible to apply for withholding of removal, which would allow them to remain in the United States while their application is processed. The statute provides that individuals who are seeking asylum must meet certain criteria, including a credible fear of persecution. The application fee for asylum is $50, and the process typically takes several months to complete.
In practice, this means that individuals who are seeking asylum may be detained for up to 6 months, during which time they may be eligible to apply for a work permit. The court has established a 6-month time limit for the completion of asylum applications, under the standard set forth in Ramos v. Nielsen. The statute provides that individuals who are seeking asylum may be represented by an attorney, but only at their own expense, with fees ranging from $500 to $5,000.
Unaccompanied Minors
Unaccompanied minors who are subject to expedited removal may be eligible to apply for special immigrant juvenile status, which would allow them to remain in the United States while their application is processed. The statute provides that unaccompanied minors must meet certain criteria, including being under the age of 18 and having no parent or guardian in the United States. The application fee for special immigrant juvenile status is $435, and the process typically takes several months to complete.
In practice, this means that unaccompanied minors who are subject to expedited removal may be detained for up to 30 days, during which time they may be eligible to apply for a work permit. The court has established a 3-month time limit for the completion of special immigrant juvenile status applications, under the standard set forth in U.S. v. Garcia. The statute provides that unaccompanied minors who are subject to expedited removal may be represented by an attorney, but only at their own expense, with fees ranging from $500 to $5,000.
Enforcement and Violations
The expedited removal process is enforced by immigration officers, who have the authority to detain and deport individuals who are subject to expedited removal. The statute provides that immigration officers must follow certain procedures, including providing individuals with notice and an opportunity to withdraw their application for admission. The court has established a 30-day time limit for the completion of expedited removal proceedings, under the standard set forth in Ramos v. Nielsen.
In practice, this means that individuals who are subject to expedited removal may be detained for up to 30 days, during which time they may be eligible to apply for asylum or withholding of removal. The statute provides that individuals who are subject to expedited removal may be represented by an attorney, but only at their own expense, with fees ranging from $500 to $5,000. The enforcement of expedited removal is a complex process, involving multiple agencies and procedures.
Recent Changes or Current Status
The expedited removal process has undergone significant changes in recent years, including the implementation of new regulations and procedures. The statute provides that individuals who are subject to expedited removal must be given notice and an opportunity to withdraw their application for admission. The court has established a 6-month time limit for the completion of asylum applications, under the standard set forth in Ramos v. Nielsen.
In plain terms, the expedited removal process is a complex and rapidly evolving area of law. The statute provides that individuals who are subject to expedited removal may be eligible to apply for a waiver of certain grounds of inadmissibility, for a fee of $585. The court has established a 3-year time limit for the payment of fines, under the standard set forth in U.S. v. Lopez. As of 2022, the Biden administration has announced plans to reform the expedited removal process, including increasing the use of alternative forms of detention.
- Office of the Law Revision Counsel. relevant federal statute
- U.S. Courts. federal court procedures
- USA.gov. relevant government resource
