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Expedited Removal: A Comprehensive Overview of Immigration Law
Definition & Meaning
Expedited removal is a process established by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It allows for the swift removal of certain individuals, known as aliens, who attempt to enter or have entered the United States without proper admission or parole by an immigration officer. This process is designed for individuals who are deemed inadmissible, which includes those lacking valid documentation or those who have presented fraudulent documents. Unlike traditional removal proceedings, expedited removal does not involve extensive hearings or reviews, making it a faster method for addressing immigration violations.
Table of content
Legal Use & context
Expedited removal is primarily used in immigration law. It applies to individuals who arrive at U.S. borders without the necessary documentation. This process is often utilized to quickly address cases of illegal entry, ensuring that individuals who do not meet the criteria for lawful entry are removed from the country promptly. Users may find relevant legal forms and templates through services like US Legal Forms to help navigate the expedited removal process.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person arrives at a U.S. airport without a visa and presents a counterfeit passport. They may be subject to expedited removal due to their inadmissibility.
Example 2: An individual crosses the U.S. border without inspection and claims asylum. If they do not demonstrate a credible fear of persecution, they may face expedited removal. (hypothetical example)
Relevant laws & statutes
The primary statute governing expedited removal is the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. This act outlines the procedures and criteria for expedited removal of inadmissible aliens.
Comparison with related terms
Term
Definition
Key Differences
Removal
The process of deporting an individual from the U.S.
Removal can involve hearings, while expedited removal is immediate.
Deportation
The formal removal of an individual from the U.S. due to immigration violations.
Deportation typically follows a legal process; expedited removal bypasses this.
Common misunderstandings
What to do if this term applies to you
If you find yourself facing expedited removal, it is crucial to understand your rights. You may claim a credible fear of persecution, which could allow you to seek asylum and avoid immediate removal. Consider consulting a legal professional for personalized advice. Additionally, explore US Legal Forms for templates that may assist you in managing your situation effectively.
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