Expanded Expedited Removal (Updated 10/30/2020)

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Expanded Expedited Removal (updated 10/30/2020) What is Expedited Removal? Expedited removal is a fast-track deportation program. Under a new expanded policy, Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) officers can detain certain undocumented immigrants who have been in the U.S for less than 2 years. These persons can be ordered deported without a hearing by an immigration judge. A person who can show they have been in the U.S. for 2 years or more, or who has legal documentation, is not subject to expedited removal under the expanded policy. Who is Subject to Expedited Removal Now? Expedited removal can be used if people: ➢ have been in the U.S. less than 2 years; AND ➢ entered the U.S. without being admitted or paroled at a U.S. port of entry, don’t have valid entry documents (e.g. visa), used fraud or dishonesty to enter the U.S., or falsely claimed to be a U.S. citizen. Who is Exempt From (Not Subject to) Expedited Removal? (You will have to show ICE or CBP proof you are NOT subject to expedited removal if asked) o U.S. Citizens → show a photocopy of your passport or naturalization certificate; o LPR (green card holders) → show your green card; o Lawful status holder (i.e. asylum → show your receipt notice, I-94, work permit, or other applicant, T visa applicant, TPS documentation of your status; holder) o asylum seekers who have not yet → say you have a credible fear of returning to your country applied of origin; OR o lived in the U.S. for at least 2 years → show documentation of living in the U.S. for 2 years. Unaccompanied Minors are NOT subject to Expedited Removal. If you cannot show an immigration officer you are exempt, the officer has the authority to issue a deportation order. What can I do if I might be subject to Expedited Removal? • Collect and keep documents showing how long you have been in the United States in a safe place. These could include U.S. tax returns, utility bills, leases, school records, or other documents. You can also take cell phone photos of these documents to have with you. • You should try to remain silent and not say anything that would lead to an ICE or CBP arrest —such as revealing you were born in another country. • Memorize the phone number of a trusted person who can gather the documents for you if you are detained. What if I am an asylum seeker but have not applied for asylum yet? If you are seeking asylum in the United States and are arrested, you should tell the officer you fear returning to your country because of persecution or torture. You should then be referred to an asylum officer for an interview to determine if that fear is credible. If the officer finds the fear is credible, you will either be detained or paroled and there will be further review of your case. .

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