Getting Ready for the New DHS Expedited Removal Policy: What You Need to Know

The Department of Homeland Security (DHS) has just announced the expansion of expedited removal throughout the U.S. for undocumented immigrants found in the U.S. who have been living in the U.S. for less than two years.  The expansion of expedited removal though puts almost all immigrants (and U.S. citizens of Hispanic, Asian, and African origin) at risk, because in the United States, almost no one carries proof that they’ve been residing in the U.S. for the last two years, much less proof they’re legally in the U.S.

The Law Offices of Daniel Shanfield Immigration Defense PC (DSID) is here to explain how expedited removal works, and how you can help make sure DHS doesn’t apply expedited removal to you.  We’re also here to help make sure you do it right.

What is DHS Expedited Removal?

Expedited removal is a process used by DHS to quickly deport certain undocumented immigrants without a court hearing before an immigration judge. This process typically applies only to undocumented immigrants who have been in the United States for less than two years and are found to be inadmissible under for lacking valid immigration documents.

Expedited removal has several significant drawbacks compared to fighting a case in front of the immigration court:

Lack of Due Process

1. No Formal Immigration Court Hearing: In expedited removal, immigrants do not get a real hearing before an immigration judge. This means they have limited opportunities to fight their deportation, explain why they should be allowed to stay in the U.S., or challenge DHS’s charges of deportation.
2. Limited Legal Representation: Immigrants facing expedited removal often have limited access to an attorney. In contrast, in immigration court, immigrants have the right to a lawyer (at their own expense), which makes a huge difference in fighting deportation.

Risk of Errors

1. Higher Risk of DHS Mistakes: The expedited removal process is fast-tracked, which leads to errors. An immigration officer for example might wrongly decide someone has lived in the U.S. for less than two years when they’ve actually lived in the U.S. for much longer.  Immigration officers simply don’t have the time or resources to thoroughly review each case, increasing the risk of wrongful deportations.
2. No Immigration Appeals: Expedited removal decisions are final and can’t be appealed. In immigration court, immigrants have the right to appeal, giving them an added layer of protection against DHS mistakes.

Limited Consideration of Immigrants’ Humanitarian Circumstances

1. No Consideration of Humanitarian Factors: Expedited removal doesn’t allow for an in-depth review of the immigrant’s humanitarian factors, like family ties, medical conditions, or other important reasons to remain in the United States. Immigration judges, on the other hand, can take these factors into account when making a decision.

Fighting a case in immigration court provides a more thorough and fair process, allowing immigrants to fully present their case, access legal representation, and appeal unfavorable decisions. This can make a significant difference in the outcome of their case and their ability to remain in the United States.

New DHS Policy on Expedited Removal

DHS’s policy expedited removal policy for the rapid deportation of undocumented immigrants who are unable to prove they’ve continuously been in the U.S. for at least two years. Under the prior policy, expedited removal was only allowed in the border and coastal zones of the United States.  The expedited removal zone is now anywhere in the United States.

How to Fight Expedited Removal and Establish Two Years of Continuous Presence in the U.S.

First, it’s important to know your rights when stopped by immigration or police officers.  Our office has developed a know-you-rights guide if you find yourself stopped by immigration officers.  In short, anything you say about your country of origin, or any document you are carrying showing that you were not born in the United States or have citizenship in another country, like a foreign ID card or matricula consular, is evidence that law enforcement can use to try to deport you.  That said, you have the right to politely decline to answer questions, the right to politely refuse an immigration or law enforcement officer to enter your home without a judicial warrant, and the right politely to ask if you are being detained and are free to leave if an officer asks to search you or your vehicle.

But let’s say you you’ve been detained by an immigration officer who is demanding to know if you’ve been in the in the U.S. for two years or more.  In that case, you’ll want to be ready to prove your continuous presence to avoid expedited removal. Here are some types of evidence that can help prove up continuous presence:

• Utility bills: Consistent records of utility payments over the past two years.
• Lease agreements: Rental agreements or mortgage documents showing your residence.
• Employment records: Pay stubs, tax returns, or letters from employers.
• School records: Enrollment records for yourself or your children.
• Medical records: Documentation of medical appointments or treatments.
• Affidavits: Sworn statements from friends, family, or community members attesting to your presence.

Each piece of evidence must 1) list your name, 2) show the date it was created, 3) indicate that you were in the United States on that date.  Remember though that any document or evidence you present to DHS that shows you were either born outside the U.S. or have citizenship in another country will be used as evidence that you can be deported from the United States.

How Our Lawyers Can Help with Expedited Removal

The Law Offices of Daniel Shanfield Immigration Defense PC is dedicated to protecting immigrants’ rights and fighting for your legal immigration status. We want you to be prepared ahead of time to face DHS’s tough new immigration policies.  Our law firm can work with you and your family to put together an expedited removal defense packet, in case you’re ever confronted by immigration officers, so we can help you and your family find a path to legal status.

If you need help or have any immigration questions, please contact the Law Offices of Daniel Shanfield Immigration Defense PC immediately.  We’re here to help you every step of the way.

This information does not constitute legal advice and is for information purposes only.  This information does not create an attorney-client relationship. Anyone with legal questions should consult with a knowledgeable attorney as soon as possible.