Navigating Expedited Removal Orders at U.S. Ports of Entry: What You Need to Know

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At U.S. ports of entry, such as airports, seaports, and land border crossings, the U.S. Customs & Border Protection (CBP) holds the discretionary authority to issue expedited removal orders (Form I-860) when they refuse your admission for specific grounds. These orders can have severe consequences for your ability to return to the U.S. as a nonimmigrant or immigrant, so it’s essential to understand their implications and how to avoid, challenge, or overcome them.

What is an Expedited Removal Order?

An expedited removal order is a quick deportation process issued by U.S. Customs and Border Protection (CBP) on a case-by-case basis when they find an individual inadmissible due to fraud, misrepresentation, or a lack of proper documentation. Those who are found inadmissible can be deported in as little as a day without going to immigration court.

Recently, the Department of Homeland Security (DHS) expanded expedited removal to include undocumented individuals who entered the U.S. without inspection and cannot prove they lived in the U.S. for more than two years. However, this expansion has faced legal challenges.

If you have the legal right to be in the U.S. because you’re a U.S. citizen, Lawful Permanent Resident (LPR), valid visa holder, refugee, or asylum seeker, you’re not subject to expedited removal. Unaccompanied minors are also exempt from this process. The expansion also doesn’t apply to those who were officially admitted or paroled into the U.S., including individuals who overstayed their visas.

If you’re subject to an expedited removal order, you’ll receive a five-year ban from reentering the United States. During this period, you also won’t be able to obtain an immigrant or nonimmigrant visa. In addition, if you’re found inadmissible due to fraud or willful misrepresentation, you’ll face a lifetime ban from the U.S.

Before issuing an expedited removal order, CBP officers will consider whether you may qualify for a waiver, withdrawal of application for admission, or deferred inspection instead.

How to Avoid an Expedited Removal Order

After the effort you’ve taken to get to the U.S. and the intense scrutiny of inspections and interrogation, you may be tempted to admit to any allegations and accept the expedited removal order so you can go home. However, the best strategy is to avoid an expedited removal order altogether.

Although the due process rights during an expedited removal proceeding are limited, there are strategies to increase your chances of avoiding such an order. Here are some tips:

Stay calm and be respectful during the inspection process. Avoid making any harmful admissions to leading questions the officer asks you.
If you’re trying to enter the U.S. as a visitor, prepare supporting documents that back up your claims and the purpose of your visit, such as return airline tickets, bank account statements, and property ownership documents.
If you provided false documents or testimony to gain entry, quickly recant the misrepresentation during the interrogation to avoid a finding under INA section 212(a)(6)(C).
Do not remain silent or refuse to cooperate, but avoid lying, providing too much information, or volunteering negative information that may lead to inadmissibility.
If given the option, consider withdrawing your application for admission—especially if there’s no obvious fraud and you have favorable factors. This will allow you to return to your home country, where you can obtain the proper documentation and avoid the 5-year bar.
Be mindful of what you bring on your trip because the CBP can search your luggage and electronic devices. Job applications, birth certificates, and other immigration-related documents will raise a red flag because they are unnecessary for temporary travel.

If an expedited removal order is issued, gather evidence and any information that could help you challenge the order. Before you sign or initial any pages of the sworn statement, make sure you’ve had enough time to read it or have someone read it for you, if needed. If you spot any inaccurate information, request corrections. Once you sign Form I-867A & B and Form I-831 (Continuation Page), you’ve confirmed that you read the statement, your answers are truthful and accurate, and the statement thoroughly and truthfully represents your interrogation.

Challenging or Overcoming an Expedited Removal Order

If you’re unable to avoid an expedited removal order, you have two options for challenging or overcoming it:

Request Permission to Reapply for Readmission and, if necessary, a Waiver of Inadmissibility.

First, you’ll need to file a request for Consent to Reapply or submit Form I-212 Application for Permission to Reapply for Admission into the United States after Deportation or Removal. It’s crucial to ensure that your application is approved to proceed further.

If the expedited removal order indicates that you’re inadmissible due to fraud or willful misrepresentation of material facts to gain immigration benefits, you must obtain an I-601 immigrant waiver if you wish to return to the U.S. as an immigrant; for nonimmigrant reentry, you will need a nonimmigrant waiver.

If you face a lifetime ban for falsely claiming U.S. citizenship, you’ll need a 212(d)(3) nonimmigrant waiver to excuse the ban. Keep in mind that there’s no immigrant waiver available for this circumstance; however, certain exceptions and defenses may apply, such as genuinely believing you were a citizen because both your natural parents were citizens and you lived in the U.S. before turning 16.

Once your Form I-212 is granted and any required waivers are secured, you can reenter the U.S. despite being considered inadmissible—as long as you have the appropriate travel documents, such as a valid passport and the necessary visa.

Request Reconsideration and Rescission of the Expedited Removal Order

An expedited removal order typically isn’t subject to review by an immigration judge or federal appellate courts. However, there are limited exceptions for certain circumstances, including determining whether the person is a U.S. citizen, permanent resident, or refugee and whether the removal order was issued under the expedited removal statute.

Despite these limitations, you can submit a written request for review to the CBP Field Office that issued the expedited removal order. To strengthen your case, it’s important to include supporting evidence demonstrating why the expedited removal order was improperly issued. Federal regulations require that motions to reopen and motions to reconsider must be filed within 30 days of the decision. If you have an exceptional case where you can show that the delay was reasonable and beyond your control, your failure to file on time may be excused.

It’s essential to understand that these types of motions are rarely filed, mainly due to the difficulty of convincing CBP to lift a removal order that’s already been issued. However, there have been instances where such motions were granted. In these cases, applicants don’t need to obtain a waiver of inadmissibility.

A Note on the DHS Traveler Redress Inquiry Program

The DHS Traveler Redress Inquiry Program (DHS TRIP) is designed to help individuals address difficulties they encounter during travel screenings at airports or border crossings. However, it’s important to note that DHS TRIP has limited purposes and isn’t a practical option for challenging an expedited removal order.

Typically, the response you receive from DHS TRIP will inform you that if you want to be readmitted to the U.S. before the 5-year bar expires, you need to file a Form I-212 or Consent to Reapply request. Therefore, if you’re facing an expedited removal order, it’s recommended to consult with an immigration attorney to explore more appropriate strategies for your specific situation.

If You’re Issued an Expedited Removal Order, Contact the Ranchod Law Group Immediately

If you’re issued an expedited removal order, it’s crucial to seek guidance from an experienced immigration attorney as soon as possible.

In most cases, you’ll have a limited window of 30 days from the order’s issuance to request further review by the CBP. Alternatively, to be excused from the 5-year bar, you can file a request for Consent to Reapply or Form I-212 application in connection with your visa application at any time. The same applies if you need to request an I-601 immigrant waiver or a 212(d)(3) nonimmigrant waiver to overcome a fraud or willful misrepresentation finding under section 212(a)(6)(C)(i).

If you receive an expedited removal order, contact the Ranchod Law Group to discuss your options. In most cases, you’ll need an attorney’s assistance to pursue a rescission of the expedited removal order or obtain the necessary waivers. Our in-depth knowledge and experience can significantly increase your chances of navigating this complex process successfully and finding the best path forward. Contact us today at (916) 613-3553 or email us at info@ranchodlaw.com.