Everything Expedited Removal: NILA Practice Advisory

NILA, Apr. 20, 2023

"Enacted in 1997, expedited removal is the name for the summary removal process applied to persons whom immigration border officers determine are inadmissible for allegedly having false or improper documentation. Expedited removal proceedings have resulted in hundreds of thousands of removals since 1997. The process lacks procedural safeguards and, thus, is rife with errors, resulting in widespread violations of individuals’ legal rights. Section I of this advisory addresses the basics of expedited removal law, including to whom the statute does and does not apply, what immigration officers must do when issuing expedited removal orders, and the law governing detention. Section II details the credible fear process, including what happens procedurally when an individual establishes or fails to establish a credible fear. Section III covers the preclusion of judicial review but also addresses potential alternative options for challenging expedited removal orders, including reopening under 8 C.F.R. § 103.5(a), cancellation by operation of law or in the exercise of discretion, and the state of the law regarding collateral challenges to expedited removal orders in reinstatement cases. Section IV covers the administrative and limited habeas review available to individuals who claim status as a U.S. citizen, lawful permanent resident, refugee, or asylee. Section V provides a brief overview of the Trump administration’s effort to expand the use of expedited removal to the interior and the rescission of the expansion. ..."