CBP to Exercise Limited Expedited Removal Authority
Posted Aug 20, 2004
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The U.S. Customs and Border Patrol (CBP) issued a Notice in the Federal Register on August 11, 2004 (Notice), relating to the power to use expedited removal procedures. These are essentially procedures allowing for the removal of a foreign national by the Port of Entry officer, without any hearing before an immigration court or an immigration judge. The Notice states that the CBP intends to use expedited removal procedures for certain unlawfully present foreign nationals who are found within 100 air miles of a United States international land border when these foreign nationals cannot show they have been in the U.S. continuously for the last 14 days. The procedures would apply to those foreign nationals specifically determined to be inadmissible to the U.S. under certain specified provisions relating to fraud or misrepresentation in obtaining an immigration benefit, and to those persons without appropriate documentation for entry to the United States.
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Those who receive an expedited removal order are prohibited from reentering the U.S. for 5 years and may be criminally prosecuted if they opt to return to the U.S. within that 5-year period. Expedited removals are generally faster than other types of removals. At this time, the CBP indicates that it is specifically targeting third-country nationals (i.e., persons not from Canada or Mexico) and only those Mexican and Canadian nationals with a history of criminal or immigration violations, such as smugglers or persons who have made numerous illegal entries.