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Immigration Law - Asylum - General Questions

  Page 26 of 30

What is expedited removal?
Crossing the U.S. border – by air, land, or sea -- with no or improper (e.g., counterfeit) immigration documents is a very serious offense for the arriving foreign national: immigration inspectors, at their own discretion, can put you on the next flight home in what is called “expedited removal” procedures. Under this on-the-spot expulsion, the legal protections that U.S. citizens take for granted do not apply during the screening process. For example, there is no removal hearing and no access to family, relatives or legal help. Furthermore, persons issued expedited removal orders cannot return to the U.S. for five years, twenty years following a second or subsequent removal.

Alternatively, a foreign national who, upon entering the U.S., tells the INS agent he/she is fleeing persecution, can trigger an asylum claim. The foreign national receives a statement of his/her rights and gets a formal "asylum interview" with another immigration official (the so-called "credible fear interview”) to determine whether his or her claim has a possibility of succeeding.

For more details, click on the INS website at http://www.ins.usdoj.gov/graphics/lawenfor/bmgmt/inspect/exped.htm.
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