The U.S. Department of Homeland Security (DHS) announced today that it will expand expedited removal enforcement to include immigrants who are unlawfully present anywhere in the United States and who have been in the country for less than two years.
Beginning July 23, 2019, immigration officials will have the authority to initiate expedited removal of certain immigrants who do not have valid entry documents, who have committed fraud or misrepresented a material fact to gain admission to the country, or who have falsely claimed to have U.S. citizenship.
These rapid deportations can be carried out without the immigrants having a hearing before an immigration judge before being sent back to their countries of origin.
Previously, this mechanism, established in 1996, was used to expedite the deportation of immigrants apprehended within 100 air miles of the U.S.-Mexico border and who had only been physically present in the United States continuously for 14 days.
The notification of policy changeentitled "Designating Aliens for Expedited Removal" will be officially published in the Federal Register on July 23 and will become effective the same day.
How will the expansion be applied and implemented?
Aliens who are subject to expedited removal and who express fear of persecution abroad will be subject to the current procedures for making credible fear claims. However, the federal government recently announced changes to the asylum application process that could affect individuals who wish to apply for this type of immigration benefit.
DHS will continue to allow immigration officers to exercise their discretion to allow affected aliens to voluntarily return, withdraw applications for admission, or undergo full removal proceedings before an immigration judge.
Every undocumented person in the United States will have the burden of proving that they have been in the country for at least two years. DHS will place any undocumented person in expedited removal proceedings if they do not satisfactorily demonstrate that they have been physically present in the United States continuously for the two-year period immediately preceding the date of their detention.
Recommendations
Any foreign national wishing to travel to the United States should consult with an immigration attorney. formerly to determine their migration options.
Undocumented persons in the United States should also seek immigration legal advice immediately.
The immigration attorney you consult must be licensed in the United States and experienced. Notaries, immigration consultants, paper fillers and multi-services cannot give you legal advice.
Keep all documents showing that you have lived in the U.S. for more than two years and have a plan of action in case you are detained.
Save for a legal defense and don't get into any criminal trouble.
