What To Know About Expedited Removal (Rapid Deportation)

The U.S. government has recently expanded a special rapid deportation program called expedited removal. This article provides updated information and tips on what you can do if you are at risk.

If you are arrested by immigration officers and are facing deportation, there are different paths your case can take. 

You may go through an immigration court process that can last for months or even years where you can talk to a judge, get help from a lawyer, and apply to stay in the United States. You can read more about different types of deportation cases here.

In some cases, however, immigration officials can deport someone with quickly very few rights or protections. One type of rapid deportation is called expedited removal.

What is expedited removal?

Expedited removal allows immigration officers to deport someone without the chance to see a judge or apply to stay in the United States. The person may not get to talk to a lawyer and could be deported as quickly as a day or a few days.

This guide by the National Immigration Forum, a nonprofit that supports immigrants, provides a detailed explanation of expedited removal and information on how to protect yourself.

Who can be deported by expedited removal?

Not everyone who is undocumented or who has broken an immigration law can be deported this way.

Immigration officers can put you in expedited removal if they believe that you have been in the United States for less than two years and you entered the country unlawfully, either because:

1. You entered without going through an official border checkpoint (called entering without inspection) or
2. You used immigration papers to enter, but:
   • You lied about an important fact to get the papers, 
   • You used papers that belonged to someone else, or
   • You used fake papers.

Previously, expedited removal was used mostly near the border and in airports. However, expedited removal has recently been expanded to apply everywhere in the United States.

The only legal protection against deportation this way is if you fear you would be harmed if deported. If you are placed in expedited removal, and you fear you would be harmed if you returned to the country where you were born, you must tell this to the immigration officers. If you do, and you can pass a special screening interview, your case should be referred to immigration court for a judge to decide. Read more about this later in this article.  

If you are put in expedited removal and you fear you would be harmed in the country you are from, say that you are afraid clearly and out loud every chance you get.

How can I protect myself from expedited removal?

Even if you don't think expedited removal should apply to you, you may want to take precautions. It is up to the immigration officers to decide whether to deport someone this way. If they make a mistake, it may be very difficult to have someone correct it once the process begins.

1. Know your rights and when to use them.

Remember that every person in the United States has rights, no matter what their immigration status is. It is important to know your rights and how to use them when dealing with immigration officers. 

Immigration officers cannot enter your home unless you let them in or they have a certain legal document called a judicial warrant. 

• Immigration officers often have a different kind of document called an immigration warrant, which does not give them permission to enter your home, so it is important to know the difference. Learn more about these warrants and how to recognize them here.

You don't have to answer their questions and can remain silent.

• If you are arrested and need to share information about yourself to avoid expedited removal, such as how you entered the country or how long you have been here, you can just tell them those things and refuse to answer other questions (such as whether you have legal immigration status or what country you are from).

Learn more about your rights and what to do when dealing with immigration officials here.

2. If you have legal immigration status or an active immigration case, carry your papers. 

If you have legal immigration papers, carry those papers or copies of those papers with you at all times. Examples of papers you should carry: 

• If you are a lawful permanent resident (you have your "green card"), you should carry your "I-551 Permanent Resident Card." 
• If you have applied or have been approved for a special immigration status, such as a "u-visa" for crime victims, you should consider carrying a copy of the "I-797C, Notice of Action" showing your application was received (also called a receipt notice) or approved (also called an approval notice).
• If you have applied for asylum or have an ongoing immigration court case, you should consider carrying copies of your court paperwork, such as your "Hearing Notice" or your "Notice to Appear." 
• If you have a work permit, also called an Employment Authorization Document, consider carrying that card with you.

Although immigration officers are not allowed to deport U.S. citizens, there have been many cases of citizens nevertheless being arrested and even deported. If you are a citizen, you may want to consider carrying photocopies of your passport, naturalization certificate, or certificate of citizenship.

If you have an active immigration application or court case, an immigration lawyer can give you advice for your situation, such as which papers you should carry.

3. If you have been here for more than two years, carry proof.

If you do not have legal immigration status but have been here for more than two years, carry proof of how long you have been here. The more types of proof, the better. However, if you don't have legal immigration status, you may not want to carry documents that identify your country of citizenship or your immigration status, such as a consular identification card or your passport. 

Some examples of papers that can show your history in the United States include:

• A signed lease or rental agreement.
• Church or school records with your name and address.
• Medical papers that include dates.
• Mail you received at your home address with a dated postmark.
• Tax returns.

Carry copies of these documents instead of the originals so you do not risk losing them.

4. If you are arrested and you fear harm if deported, say so. 

If you are unable to show that expedited removal shouldn't apply to you, the only way to avoid immediate deportation is if you might qualify for asylum. Asylum is a protection against deportation for people who fear they could be harmed if they are sent back to the country where they were born. Not all types of harm will qualify, and the rules for asylum are very complicated.  

If you tell the officers that you are afraid you will be harmed if deported, you should get an interview to see if you qualify for asylum. If you pass the interview, you will not be deported right away, and your case will go to immigration court instead, where you will have the chance to apply for asylum. That application will be decided by an immigration judge, and you may be able to get a lawyer to help you. 

5. Get legal help.

Most importantly, talk to a lawyer if you think you might be at risk. Even a brief consultation with a lawyer can help you understand whether you might be at risk. A lawyer can also give you personalized advice on how to exercise your rights.

• See this article to learn how to find reliable immigration legal help. 
• You can also search our legal directory for organizations that give low-cost and free legal services. 
• If you can afford to hire a private lawyer or pay for a brief consultation, you can also be referred to a qualified immigration lawyer using the Oregon State Bar Lawyer Referral Service.  

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