Expedited Removal: An Overview and Its Impact on Immigrants

Jan 22

What Does "Expedited" Mean?

Generally, "expedited" means something is done faster than usual or in a quicker-than-normal process. It refers to speeding up a procedure or action to achieve results more quickly, often bypassing steps or waiting periods that would normally apply. For example, an "expedited delivery" means the package is sent and arrives sooner than with standard shipping.What is Expedited Removal?

Imagine you're traveling to the United States, and immigration officers stop you at the border. If you don't have the right papers or if they believe you lied to enter the country, they can send you back very quickly without a court hearing. This process is called "expedited removal." It began in 1997 after President Bill Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) in 1996. Congress introduced this law to make the immigration system more efficient by allowing faster deportations of individuals without valid documentation or those committing fraud, believing it would deter illegal immigration.

Expansion Under President George W. Bush

Over time, different presidents expanded expedited removal. In 2002, after the 9/11 terrorist attacks, President George W. Bush extended expedited removal to include individuals arriving by sea without permission. The reasoning was to enhance national security by preventing unauthorized maritime arrivals, which were seen as a potential security risk. Then, in 2004, Bush expanded it further to people caught within 14 days of crossing the border illegally, arguing this would discourage repeated attempts to enter the U.S. without documentation and reduce the strain on immigration courts.

Nationwide Expansion Under President Donald Trump

In 2019, during President Donald Trump's administration, expedited removal was broadened nationwide to include undocumented individuals anywhere in the country who couldn't prove they had lived in the U.S. for more than two years. President Trump argued that this change was necessary to reduce the backlog in immigration courts and enforce stricter immigration laws. He believed this would act as a stronger deterrent against illegal immigration and allow for more immediate action against those living in the U.S. without legal status.

Reversal Under President Joe Biden

However, in 2021, President Joe Biden reversed the 2019 policy. His administration argued that the expanded use of expedited removal was unfair and inhumane, especially for people with deep ties to the U.S. but unable to provide sufficient proof of residency. Biden chose to focus expedited removal only on individuals caught near the border, aiming to restore fairness and provide more protection to immigrants living within the U.S.

Reinstatement Under President Donald Trump

On January 21, 2025, President Donald Trump reinstated the 2019 policy and took it a step further by removing "sensitive location" protections. These protections had previously prevented immigration enforcement at places like schools, churches, and hospitals. President Trump justified these changes by emphasizing the need for stricter immigration enforcement and quicker deportations to protect national security and uphold immigration laws. He argued that eliminating these protections would prevent undocumented individuals from using these locations to avoid lawful enforcement.

Does Expedited Removal Affect Green Card Holders and Naturalized Citizens?

Expedited removal does not apply to green card holders (lawful permanent residents) or naturalized U.S. citizens. Green card holders are entitled to due process, meaning they cannot be deported without a formal hearing before an immigration judge. However, they must ensure they carry proper documentation when traveling, such as their green card, to avoid unnecessary scrutiny.

Naturalized U.S. citizens are fully protected from expedited removal and have the same rights as citizens born in the United States. It’s important for both green card holders and naturalized citizens to know their rights and carry proof of their legal status to avoid complications during interactions with immigration officers.

Legal Disclaimer

This article is for general informational purposes only and is not intended to provide legal advice. Immigration laws and policies are complex and can vary depending on individual circumstances. For advice specific to your situation, it is important to consult with an experienced immigration attorney.

Amba Law Immigration Solutions PC offers personalized consultations to address your immigration concerns.

Yasin Amba

Amba Law Legal Immigration Services Consult

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Consult Fees

Standard: $100
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2012: Newsweek Again Names The Preuss School UCSD the Nation’s Top Transformative High School

https://today.ucsd.edu/story/newsweek_again_names_the_preuss_school_ucsd_the_nations_top_transformative

Initial Consultation:

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Details: This session includes a comprehensive overview of the school's admission requirements and an evaluation of the student's academic records.
Consult Fees
- Standard: $100
- Refugees: $50

For Refugee Families ($150):
- Services Included:
  - Collaborative completion of the application with parents and students.
  - Guidance on gathering and organizing necessary documentation.
  - Monitoring the application status post-submission to address any additional requirements or follow-ups.
Standard Fee ($300):
- Services Included:
  1. All services provided in the refugee package.
  2. Additional support tailored to the specific needs of non-refugee applicants.

📌 Standard: $400
📌For Refugees: $200 (Please contact Amba Law Immigration Solutions before proceeding to checkout so we can verify your refugee status or that of your parents. Upon confirmation of eligibility, we will provide you with a unique code to receive a 50% discount.) .