How Expedited Removal Affects Asylum

Gaining entry into the United States is in high demand. If you are facing expedited removal proceedings, you need the assistance of an experienced Coral Gables immigration lawyer.

Navigating the complexities of immigration law can be daunting, especially for those seeking refuge and protection in the United States. One significant aspect of this process is expedited removal. For asylum seekers, expedited removal poses unique challenges and raises critical questions about access to asylum protections and due process rights.

What Is Expedited Removal?

Expedited removal is a rapid deportation process used by immigration authorities to quickly remove certain noncitizens from the United States without a hearing before an immigration judge. It typically applies to individuals encountered at a point of entry who are unable to demonstrate lawful entry or valid immigration status and who are deemed inadmissible or ineligible for asylum or other forms of relief.

What Is Asylum?

Asylum is a form of protection granted to individuals who have fled their home countries due to fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. It allows them to remain in another country and seek refuge. Asylum is typically granted to those who demonstrate a well-founded fear of persecution or harm if they return to their home country.

How Does Expedited Removal Affect Asylum Seekers?

Expedited removal significantly limits asylum seekers’ ability to apply for asylum in the United States. Under expedited removal, certain undocumented immigrants can be quickly deported without a hearing before an immigration judge. This process applies to individuals apprehended within 100 miles of the border and who have been in the country for less than 14 days. 

Asylum seekers subject to expedited removal may not have the opportunity to present their case for asylum, potentially denying them the chance to seek protection from persecution in their home countries.

Customs and Border Protection (CBP) officers can utilize expedited removal proceedings in a variety of circumstances, including:

  • Fraud or misrepresentation
  • False claim to citizenship
  • Lack of valid, unexpired immigrant or nonimmigrant visa
  • Nonimmigrant not in possession of a valid passport for a minimum of six months
  • And other circumstances, at their discretion

How Does Expedited Removal Work?

Expedited removal procedures are typically applied to asylum seekers, where an asylum officer conducts a credible fear interview (CFI) to assess the risk of persecution upon deportation. This interview, mandated by U.S. humanitarian protection law, aims to safeguard individuals from being returned to situations of harm. 

A positive outcome in the CFI usually results in the individual being paroled into the United States to pursue asylum. Conversely, a negative outcome allows the individual to request a review of the decision before an immigration judge. However, access to a Coral Gables immigration lawyer or any legal representative during the CFI process is notably restricted. 

While regulations permit the asylum seeker to consult with a person of their choice, including an attorney, actual attorney participation is rare. Data from the asylum processing rule indicates that only 1% of CFIs processed under this rule involve attorney representation.

Why You Need A Coral Gables Immigration LawyerCoral Gables immigration lawyer

Facing expedited removal can be daunting, but partnering with an experienced immigration attorney is crucial to contest the order and minimize long-term consequences. Retaining all documentation provided by CBP officers and reviewing it thoroughly with legal counsel is essential. 

Our Coral Gables immigration lawyer is experienced in expedited removal defense and can identify procedural, legal, or factual errors that could support an appeal. Additionally, we can address other grounds of inadmissibility beyond the expedited removal order. Without proper legal guidance, mistakes could result in prolonged bans from the United States. 

An experienced immigration law firm like Casais & Prias offers the best chance to overturn an expedited removal order and achieve your goals in the U.S. Contact our firm today to schedule a complimentary case consultation.

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