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Legal Challenge to Expedited Removal Anticipated

Legal Challenge to Expedited Removal Anticipated

After rapid legal challenges to Trump’s original and revised travel bans, immigration advocates anticipate that the next legal challenge will be to the Trump administration’s intention to expand the use of the expedited removal process. Up until now, the expedited removal process, which is essentially a fast-track means of removal, has been limited to immigrants caught within two weeks of entering the U.S. without authority to do so, and primarily used in border areas of the country. Part of the attraction of expedited removal for the federal government is the position that immigrants in this position generally have no legal rights, including the right to a hearing before an immigration judge, except perhaps for those immigrants seeking asylum. Likewise, other immigrants who have been in the U.S. for a longer period of time are generally entitled to formal deportation proceedings, including a full hearing before an immigration judge. In most cases, the process takes years. U.S. Department of Homeland Security (DHS) Secretary John F. Kelly, however, has proposed using the expedited removal process to deport all immigrants who continuously have lived in the U.S. for a period of up to two years. Expedited removal also could be used by DHS not just in border areas, but in other parts of the country, as well. Given the fact that expedited removal often can occur in as little as one day, with a DHS agent acting essentially as police officer, prosecutor, and judge all rolled into one, immigration lawyers and advocates are understandably concerned. DHS claims that those immigrants subject to an expedited removal process have no right of appeal. Therefore, advocates expect that Kelly’s proposal, if implemented by the Trump administration, will be subject to immediate legal challenges. At Landerholm Immigration, A.P.C., we have represented the interests of countless clients who are facing deportation proceedings, but who wish to remain with their families in the United States. Fortunately, there are many remedies that may be available if you are facing deportation charges, whether you are placed into expedited removal proceedings or not. We will aggressively investigate the facts and circumstances surrounding your case, and help you settle upon the option that is best calculated to allow you and your family to live where you choose. Contact our experienced deportation defense attorneys today, and learn how we can help.

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