Immigrants residing in the United States should be fully aware of their legal rights and duties, including the possibility of deportation without a court hearing. While most removal processes involve an appearance before an immigration judge, there are specific situations where this may not be necessary. Please continue reading as we explore when expedited removals allow deportation without a hearing, and how our knowledgeable Essex County Deportation Defense Attorneys can help navigate your legal options.
What is Deportation?
In the U.S., deportation, also known as removal, is the legal process by which the government forces a non-citizen to leave the country. This generally occurs when an individual has violated immigration laws or committed certain crimes. Foreign nationals who are considered unlawfully present or deportable are typically allowed a full hearing before an immigration judge before being ordered to return to their home country. This includes those accused of visa overstays, those apprehended by Immigration and Customs Enforcement (ICE), asylum seekers, and others. These individuals are entitled ot know the charges raised against them, present a defense, and seek relief from removal. Immigration courts usually host these hearings, where foreign nationals can be represented by an attorney.
Can I Be Deported from the U.S. Without a Court Hearing?
The Department of Homeland Security (DHS), under certain circumstances, can deport those without status immediately, bypassing an immigration judge. This rapid deportation process, called “expedited removal,” can occur within a matter of hours or days. Immigration authorities may use it under specific circumstances, as determined by law and DHS discretion.
Expedited removal proceedings are restricted to “arriving aliens,” which includes individuals seeking entry at a U.S. border or authorized port, as well as those who recently entered the country illegally. Before issuing an expedited removal order, a U.S. immigration officer must establish that the person is inadmissible to the country on one of two specific grounds:
- They provided false or misleading information, such as falsely claiming U.S. citizenship, to obtain U.S. entry or admission documents.
- They entered the U.S. without proper documentation, such as a valid visa, border crosser card, or passport.
It’s important to note that while many individuals may be inadmissible for these reasons, expedited removal doesn’t apply to everyone.
Are There Any Exceptions?
Numerous exceptions qualify the general principles outlined previously. Depending on the individual’s nationality, claim to legal status, or apprehension about returning to their native country, U.S. officials may refer them to immigration court rather than initiating expedited removal proceedings.
If you are facing expedited removal, but stipulate that you fear persecution or torture in your native country and intend to seek asylum in the U.S., the officer may not remove you immediately. Rather, you will be detained and provided the opportunity to speak with an asylum officer.
For more information, please don’t hesitate to contact an attorney from The Law Offices of Christopher T. Howell, Esq.