by Jose Enrique Perez
“If you’re in this country illegally, we’re looking for you and we’re going to look to apprehend you…and deport you.” That is what the Trump Administration said a few weeks ago. And they have the tool to accomplish just that. Express Deportation or Expedited Deportation. Statistics show that this type of deportation is being used at least 300% more than any other.
Expedited deportation is one simplified deportation by which immigrants can be deported and removed from the United States without having the opportunity to see a judge unless they are afraid to return to their country of origin and that fear is credible.
The statute that created this type of deportation established important limitations for the persons that can be subjected to this accelerated deportation proceeding. This process is applicable only to those persons “arriving” to the United States that:
• Have not been admitted or paroled into the United States;
• Cannot demonstrate that they have been in the United States for more than 2 years prior to their detention by immigration agents;
• Have committed fraud or falsified material facts in order to receive an immigration benefit (admission) –or they do not have the visa or legal document to show legal entry.
When the immigrant is in expedited deportation, the immigrant is detained without right to bond and is not eligible for parole except in very limited circumstances (i.e., medical emergency). The immigrant will not have a hearing before an immigration judge before being removed, unless he/she is afraid to be persecuted in the country of origin in case of return.
Those immigrants claiming to be afraid will receive an interview by an immigration agent about political asylum and, if the fear is “credible”, then they will be referred to an immigration judge. As you can imagine, however, statistics show that ICE agents do not ask those questions about asylum or even if they are informed about the fear, they do not make the proper referrals to the immigration judge.
I will give you two examples of expedited deportation:
1) Border Patrol catches a father and two infant children when they are crossing the border from Mexico to the United States without papers. Border patrol fingerprints them and process them for expedited removal. The father tells the agents he is scared to return to Mexico because a drug lord threatened him and his family. He asked for asylum. The agent must stop the process for expedited removal and refer the father and children to asylum.
2) The US Coast Guard catches a 29-year-old female crossing the United States border by sea from Mexico. She is referred to Border Patrol because she did not have any papers. She informs the agent she has been undocumented in the United States since she was 10 and she was visiting her sick mother in Mexico. Even though she has been living in the United States for 19 years, she is eligible for expedited deportation in this situation because she was detained returning from Mexico-therefore, she has not been continuously in the United States for 2 years before the expedited deportation.
For the judge to grant this benefit, you should demonstrate that:
• You were in the United States at least one year prior to the beginning of deportation proceedings.
• You are a person of with good moral character at least for 5 consecutive years prior to volunteer deportation proceedings.
• You have not committed a felony
• You are not deportable as a thread to the United States; and
• You have the mean to leave the United State and have intentions to do it.
You should remember that this article is not intended to provide you with legal advice; it is intended only to provide guidance about the current immigration issues and other immigration policies.
I represent individuals in immigration cases. If you have any questions or concerns about an immigration case, you can call me at (315) 422-5673, send me a fax at (315) 466-5673, or e-mail me at email@example.com. The Law Office of Jose Perez is located at 120 East Washington Street, Suite 925, Syracuse, New York 13202. Now with offices in Buffalo and Rochester!!! Please look for my next article in the May edition.