We are seeing an increase in expedited removals at the border in recent months. This is to be expected, based on the Trump Administration’s Executive Orders on immigration and the subsequent memos issued by the Department of Homeland Security on implementing these orders.
Expedited removal is authorized under section 235 of the Immigration and Nationality Act. If an officer determines a person has made a material misrepresentation, claimed citizenship falsely, or doesn’t have the appropriate documentation to enter the U.S., an expedited removal may be effectuated. Typically, we’re seeing a five year ban applied
Expedited removal usually occurs after a lengthy interview with multiple officers in secondary inspection. We’ve heard of persons interviewed on and off for four to eight hours, though eight would be unusual.
Electronic searches of phones and computers are increasingly a part of the inspection. Officers will ask questions and look for contradictions. Often, we see statements where people admit to misrepresentations, offered originally in hopes of more easily gaining entry.
Sometimes expedited removals are issued because the agency finds the applicant for admission to be an immigrant without an immigrant visa. This type of determination often happens when they learn someone has been working without authorization in the United States, or the person is seeking admission so that they can live with their spouse, perhaps with the expressed intent of “squaring away” their immigration papers later.
Expedited removal orders are tough to overturn.
The statute expressly makes the determinations beyond judicial review—that means you cannot go to court and get a judge to change the decision. Sometimes, if the order in manifestly incorrect or unfair, it is possible to take the issue up with a supervisor after the fact. Otherwise, the best available path is waivers.
The waiver process varies based on several factors, and can be complicated, lengthy, and expensive. In a nutshell, the availability of waivers depends on if permanent residence is sought, or something less permanent. Procedurally, there are differences in process for Canadians and non-Canadians. Anyone with an expedited removal order should not approach the border without legal advice and obtaining consent to reapply for admission first, as there is risk of criminal penalty.
Recovering from an expedited removal order can take time. Each case is different. We are of course available to advise on expedited removals and similar border issues, and have been doing so for many years.