US resumes express deportation of some migrants 0:43
(CNN Spanish) -
At the end of July, the United States Citizenship and Immigration Services (USCIS) announced that "certain family units" that cross the US-Mexico border will be subject to the expedited removal procedure.
Expedited
removal
, or fast track deportation, allows immigration authorities to remove a person from the country without a hearing before an immigration judge.
This procedure will apply to families who are not expelled from the North American country through the border public health policy, known as Title 42, which was established at the beginning of the coronavirus pandemic under the Trump administration.
From October 2020 to June 2021, Customs and Border Protection (CBP) reported a total of 751,844 removals at the southern border under Title 42.
Biden Administration to Resume Fast Track Removal Procedure for Migrant Families
"Attempting to cross into the United States between ports of entry, or bypassing inspection at ports of entry, is the wrong way to enter the United States," the Department of Homeland Security (DHS) said in a statement. .
According to a White House statement, the Biden-Harris administration "is working to improve the expedited removal process at the border to fairly and efficiently determine which people have legitimate applications for asylum and other forms of protection."
Asylum and other legal migration routes will be available to those seeking protection, but those who do not seek asylum or do not qualify will be "immediately transferred to their countries of origin."
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In recent months, arrests of immigrant families have increased.
In June, the Border Patrol reported 50,015 encounters with immigrant families - including apprehensions, inadmissibility and expulsions - up from 40,815 in May, according to the latest available CBP data.
What is expedited removal?
Created under the Immigrant Responsibility and Illegal Immigration Reform Act (IIRIRA) of 1996, expedited removal is a procedure that allows CBP officials to quickly deport aliens who do not have valid documents. entry or who have attempted to obtain your admission through fraud or misrepresentation.
According to the American Immigration Council, immigration officials can order expedited removal within hours of making an apprehension, without the detained person being able to:
Talk to a lawyer.
Gather evidence or call witnesses.
File a claim for exemption from deportation, other than a truncated process to express fear of persecution.
Request a review of your expedited removal order, except in limited circumstances.
In 2004, DHS expanded the scope of the expedited expedition to people who enter the United States without authorization and who are detained within the first 14 days of arrival and who are within 160 kilometers (100 air miles) of any border. International Terrestrial US Territory, and in 2019 it was expanded to people who have been living in the US for less than two years continuously.
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Expedited removal process
An alien arriving or present in the US who has not been legally admitted is considered an "applicant for admission", which is subject to inspection by an immigration official.
During the inspection process - which takes place at a designated port of entry - "the immigration officer literally has seconds to examine documents, conduct basic surveillance inquiries, and ask pertinent questions to determine admissibility and issue the relevant entry documents. "According to documentation from the Department of Justice. If discrepancies are found in the alien's documents or statements, the alien will be referred to a secondary inspection to assess whether the alien is inadmissible.
If the alien qualifies for expedited removal, he or she will be barred from reentering the U.S. for five years, although the bans on admission may be longer or permanent, depending on the circumstances.
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Exceptions to Expedited Removal
Although an alien who is subject to fast-track removal proceedings normally receives an order of removal without a hearing or possibility to challenge the determination, there are some exceptions.
For example, when a foreigner expresses the intention to request asylum or fear of persecution if he is returned to a particular country.
If so, you will have the right to an administrative review of that request before you are deported.
How to apply for asylum in the United States?
We explain it to you step by step
Under the Immigration and Nationality Act (INA), the alien must be referred for an interview with an asylum officer to determine if he or she has a "credible fear" of persecution or torture.
This assessment will determine if the alien qualifies for one of three forms of exemption from deportation: asylum, withholding of deportation, or protection under the Convention Against Torture (CAT).
An alien who shows a credible fear of persecution enters formal deportation proceedings, rather than expedited removal.
If the asylum officer determines that there is no credible fear of persecution, the alien may request a review before an immigration judge.
INA also creates an exception for aliens who claim to be US citizens, lawful permanent residents (LPR), admitted refugees, or asylees.
For its part, DHS allows the alien to voluntarily withdraw his application for admission, as long as he intends to leave the US immediately.
By federal statute, unaccompanied alien minors (UACs) are not subject to expedited removal and are therefore placed in formal deportation proceedings.
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