Expedited Removal Policy Changes as of September 1, 2019

Immigration attorney, Andres Mejer, talks about what expedited removal is and who it applies to. He explains that President Trump has put expanded application of expedited removal into effect as of September 1, 2019 in the United States. Before, only those within a certain distance of borders and for a short time period, were subject to expedited removal. Now, the Trump administration wants it to be applied to anyone anywhere in the United States and to people who entered the US in the past two years.

Transcript (Transcripción):

Andres Mejer: Good morning. Welcome to the English portion of our radio show Para Ser Legal to be legal. We’ve got a heck of a program for you. First we got to talk about it shouldn’t be a surprise. Trump wants to deport you without allowing you to see an immigration judge. So we’ll get specific about what is expedited removal and what are the changes to expedited removal. Secondly when I talk about what is voluntary departure should you do it should you not do it. What are the benefits in doing a voluntary departure under what circumstances would you want to depart voluntarily. Third we’re going to talk about hey what to do if ICE officers show up at your house or at your place of work or in your car. So know your rights you know we’re talking about that in the context of expedited removal because of the changes. There’s gonna be a much more aggressive posture from ice. And lastly we’ll have to talk about quote a Jorge who had his trial last week and he won he’s going to get his green card. He applied for cancellation removal. We’re going explain what is that and how well how we prove George’s case and how we can do it in cases like George.

I’m Andres Mejer and let’s talk about expedited removal. So what is it. Expert removal is a process that allows Department of Homeland Security meaning immigration to deport you without a hearing before an immigration judge or a review by the Board of Immigration Appeals. What does that mean. You don’t see a judge you could be gone in a day. So the following people are subject to expedited removal. It’s anyone who arrives at a port of entry and is inadmissible because of one of three things One misrepresentation while you your. You know you came in your Brazilian citizen but you came in under a Portuguese passport that isn’t yours. And you said Oh well because Portugal is a visa waiver country I should be allowed to come in and they discovered that you had lied and you’re not actually Portuguese and that passport isn’t. Doesn’t really belong to you. So they deport you accelerate deportation. Secondly false claim of U.S. citizen. So the most common way that that happens is you present a passport showing your American citizen when you’re not. That’s the most common way. But it’s not the only way or you don’t have a valid entry document like a visa. Now prior to September 1st 2019 immigration had applied its expedited removal only to those at a port of entry meaning they came and they said I’m afraid to go back. I want to stay. Let me give you a to explain or if they caught you within two weeks of entering the U.S. and within a hundred miles of a land border. So how is expedited removal different from proceeding before an immigration judge. Well let me explain to you. Under a judge there is a complaint and they put you in a process of deportation. So the judge will hear your case. You have a right to an attorney. You can seek relief from deportation. And if the judge denies you mean it doesn’t believe that you’ve proved the elements of your particular defense you can appeal that decision. Whereas in an expedited removal context you don’t have any of those procedural protections. Instead immigration in this case DHS acts like prosecutor and judge you could be detained arrested and deported on the same day. You have no right to appeal and at least one court has said you don’t even have a right to an attorney. Big difference expedited removal vs. removal deportation for an immigration judge. Now what if you get. Explain. We’re talking about an expedited order for the moment but you’re afraid to go back to your country. Well so here’s what happened before September 1st 2019. You’ll recall within 100 miles of the border and within two weeks of entry. And they said they’re going to give you an expedited order of removal all they that a second I’m afraid to go back I fear persecution that puts the brakes on it at least temporarily. The immigration officer has to refer you to an asylum. They are not the same asylum officer has some different training and experience. So it’s not the same thing as just a you know Customs Border Patrol agent and that asylum officers are going to do what’s called a credible fear interview. The asylum officer will make a determination if he finds there’s significant possibility that you can establish a case for asylum not protected under the law. Just because you’re afraid to go back well why you’re afraid to go back? Well you know what. I don’t know how I’m going to find a job to support my family. That isn’t sufficient under asylum law. Now I was a police officer and I in Colombia I worked against the drug traffickers and they came to my house they put a gun to my wife and kids into myself and said if I don’t leave they’ll kill me. That’s it. It’s a case that we can prove and that would be if I as long as I’m not making it up right the officer finds a significant possibility of the law that if everything I say is true I could win an asylum claim. So if the officer finds in my favor. We are. I am out of the Expedited Removal process. I will get a notice to appear which is a complaint starting the deportation process and I will have my day in court in front of immigration judge. If the and that judge will either agree with me and grant me asylum or some kind of relief or deny me if they deny me I can appeal. Now if the officer denies me the asylum also says you know what. I’m not buying it. That decision goes in front of the judge and the judge will say you know the officer got it right. And I’m expedited removal. If the officer got it wrong? Now there is a demand that’s going to be issued they’re going to have my day in court. So what is Trump changing about expedited removal. Well he’s not changing those three grounds of who would qualify. Meaning misrepresentation, false claims to U.S. citizenship or somebody here without a visa or some legal means entry. No what he’s doing is he’s changing the location the geography and the timing. So instead of two weeks of entry and a hundred miles it’s now going to be two years from entry and anywhere in the country anywhere. So we’re not talking about just border towns like Florida or New Mexico, Arizona, New York, North Dakota, no we’re talking about Ohio New Jersey Delaware South Carolina and anywhere in the country that ice finds you and within two years of your legal entry you could be deported in the same day without seeing a judge. I don’t believe that the courts will abide by that. It’s in my view a deprivation of your due process rights. What if you’ve been here more than two years. Well how do you prove it. Other than you saying so you can carry on you personal documents like school records medical records info on work tax returns church documents bank statements credit card bills you know birth certificates of children tax returns that you file anything that shows you were here anything with a date receipts you in here more than two years in almost every almost every process that we have to gain an immigration benefit when you’re in the U.S. you have to prove you’ve been here for a certain period time. So these these documents are not unusual. Now the question is should you carry that information on you. My opinion you shouldn’t but you should have it in a safe place collected where you can get your hands on it fast. So I would suggest meeting with an attorney to put those documents together. You should have two copies one with your attorney and one personally. You put it in a folder you just put it in a place that is accessible, you know where it is. If you have a problem you ask your parents, your spouse, your child your neighbor. Here’s where it is please bring it to me because I’m 18 and can’t go get it. Should you carry it with Look. I suggest having the documentation. I’m not suggesting carrying with you, why? Even if the documents themselves proves don’t prove that you’re undocumented. The fact you carry them can be an inadvertent admission now proof of employment could be used against those employers who are giving you a job without permission. They could have consequences if you carry original documents. What happens if you lose them passport birth certificate. Some of that stuff is hard to come by. If you have any questions. Put them down below. Subscribe to our channel if there’s a subject you want us to talk about in the future. Put it in the comments. We review it and maybe we’ll talk about it in the weeks to come.