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Expedited removal

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Expedited removal

Expedited removal is an immigration and nationality law process of the United States where an alien is denied admission to and/or removed from the country, without a hearing before an immigration judge, as provided pursuant to section 235 of the Immigration and Nationality Act of 1952 (8 U.S.C. § 1225). The expedited removal process can be applied to an alien who has been present for less than two years, who has not been admitted or paroled, who is inadmissible, and who is neither Cuban nor has indicated an intention to apply for asylum or a fear of persecution. The expedited removal process was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, passed by the 104th Congress and signed into law by President Bill Clinton.

Over time, the scope of application has been expanded and contracted at the discretion of the Secretary of Homeland Security, and as of 2025, is being applied at the maximum extent provided by law. Prior to 2025, the scope of expedited removal was limited to aliens who were encountered within 100-miles of a border of the United States and had been present for less than two weeks. Federal law exempts unaccompanied children from expedited removal.

Expedited removal was first introduced in United States immigration law as part of the IIRIRA, passed by the 104th U.S. Congress and signed into law by then U.S. President Bill Clinton.

The IIRIRA gave the U.S. Immigration and Naturalization Service (the name for the umbrella organization responsible for immigration enforcement at the time) the authority to remove from the United States, without the need for a hearing before an immigration judge, people who:

Starting April 1997, when the IIRIRA came into force, the INS implemented expedited removal only against noncitizens seeking admission at designated ports of entry (such as airports and sea ports).

In November 2002, the INS expanded the application of expedited removal to people satisfying these three conditions:

Given that expedited removal now included people who were already present in the United States, and therefore might affect people eligible for asylum, the INS also introduced a credible fear screening process for those who indicated that they might be eligible for asylum.

In 2004, the United States Department of Homeland Security published an immediately effective notice in the Federal Register expanding the application of expedited removal to aliens who are encountered within 100 miles of any land or sea border and who entered the U.S. without inspection less than 14 days before the time they are encountered. U.S. Customs and Border Protection could therefore identify possible immigration violators anywhere in this 100-mile border zone and process them for expedited removal if they had been in the country for less than 14 days.

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