Canadian Citizens - Expedited Removal

“Removal proceedings” is the name given to the formal procedure to deport a foreign national from the United States. Typically this is done in court, before an Immigration Judge. However, there is a much less formal procedure available at the port of entry whereby U.S. Customs and Border Protection (“CBP”) officers can expeditiously remove someone from the U.S. when he or she is in the process of applying for admission (or in limited situations, when he or she is in the interior of the United States).

Who Can Be Expeditiously Removed?

There are limited grounds upon which an expedited removal order can be issued. It can only be used against foreign nationals who are inadmissible under sections 212(a)(6)(C) or 212(a)(7) of the Immigration and Nationality Act (“INA”).

INA 212(a)(6)(C) covers those inadmissible for fraud or willful misrepresentation or false claims to US Citizenship. While INA 212(a)(7) covers nonimmigrants who are not in possession of the appropriate documents for admission, and covers a wide range of individuals, from those who do not have a required passport to those Canadian citizens who have failed to convince a CBP officer that they qualify for TN status.

Some ports of entry use expedited removal much more often than others. In the Port of Buffalo, we typically only see it used against people who have been caught in the commission of fraud at the border or whom an officer strongly suspects of fraud.

What Happens To Someone Who Is Expeditiously Removed?

There is no formal appeal from an expedited removal order. There are very limited cases in which immigration attorneys have been successful in getting an expedited removal order overturned through patient work with the CBP field office that has jurisdiction over the port of entry where the order was issued. This is only possible in cases where the removal order was clearly erroneous. If there is any factual basis for the order, it will likely be impossible to get it overturned.

People who have been expeditiously removed from the United States are inadmissible to the U.S. for a period of 5 years following the removal. They cannot enter the US for any reason during that period, not even to attend a Buffalo Bills game. The only exception applies to those who obtain a waiver of inadmissibility, which may be issued in certain cases.

Can All Ports of Entry Use Expedited Removal?

Expedited removal may be used at any land border crossing into the United States. However, it is important to note that it may not be used at any Preclearance Locations outside of the United States, most of which are at international airports within Canada.