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Expedited Removal Practice Advisory

February 19, 2017 (1 min read)

Copyright (c) 2017, American Immigration Council, National Immigration Project of the National Lawyers Guild, and ACLU Immigrants’ Rights Project.

Feb. 17, 2017 - "Expedited removal is a procedure that allows a Department of Homeland Security (DHS) official to summarily remove a noncitizen without a hearing before an immigration judge or review by the Board of Immigration Appeals (BIA). See 8 U.S.C. § 1225(b)(1). Under the Immigration and Nationality Act (INA), any individual who arrives at a port of entry in the United States and who is inadmissible under either 8 U.S.C. § 1182(a)(6)(C) (misrepresentations and false claims to U.S. citizenship) or § 1182(a)(7) (lack of valid entry documents), is subject to expedited removal. 8 U.S.C. § 1225(b)(1)(A)(i). Additionally, the Secretary of DHS has the authority to apply expedited removal to any individual apprehended at a place other than a port of entry, who is inadmissible under either of those grounds, has not been admitted or paroled, and cannot show that he or she has been continuously present in the United States for two or more years. 8 U.S.C. §§ 1225(b)(1)(A)(i), (iii)."