Although legal discussions regarding the removal (or deportation) of noncitizens from the U.S. tend to revolve around immigration court proceedings, the majority of noncitizen removals actually takes place outside this system. Such removals are issued directly by the Department of Homeland Security (DHS) through summary (or expedited) proceedings and are usually not reviewable by an immigration judge. They may, however, under extremely rare circumstances, be challenged in federal court.
There are three common types of removal issued directly by DHS (usually to noncitizens who will remain detained throughout the process):
Other types of removal exist that do not require that the person be offered an appearance before an immigration judge (including so-called “stipulated removals” as well as removals of certain Visa Waiver program participants). However, those are, by comparison, either rare or difficult to track, and will not be discussed in this article.
If you are a noncitizen who reentered or attempted to reenter the U.S. illegally after having been previously ordered removed from the country, you may be summarily removed by DHS. All DHS needs to do is to check your identity (based on your fingerprints), find your previous removal order, interrogate you, and then reinstate your previous order by making you sign a Form I-871, Notice of Intent/Decision to Reinstate Prior Order.
Certain noncitizens who are applying for adjustment of status (to get a green card while living in the U.S.) are not subject to this type of procedure, however — depending on their citizenship, length of residence, and other circumstances.
Specifically, if you are a citizen of Nicaragua, Cuba, El Salvador, Guatemala, or a former Soviet State, who is eligible for a law known as “NACARA,” or if you are related to a citizen of Haiti who adjusted status before March 2000, or if you have lived illegally in the U.S. since at least 1982, then you might be able to adjust status regardless of your prior order of removal and illegal reentry.
In addition, certain noncitizens who fear returning to their home country because of persecution or torture may avoid or defeat a reinstatement of removal by getting a “reasonable fear” interview in front of a DHS asylum officer (with a limited opportunity for review by an immigration judge).
Beyond that, there may be more “creative” ways of avoiding or defeating reinstatements of removal (including by requesting prosecutorial discretion, or by reopening your previous removal proceeding). You should consult an immigration attorney to fully explore your options.
Expedited removal is a summary removal process that DHS uses for certain newly arrived noncitizens (excluding green card holders, refugees, asylees, and certain Cuban citizens) who lack proper documentation or have used fraud to gain (or try to gain) admission to the United States.
For example, if you are caught flying to the U.S. on a fraudulent visa, or if you are caught trying to cross the border illegally from Canada or Mexico, then DHS officers of the U.S. Customs and Border Protection agency can immediately remove you by issuing a Form I-860, Notice and Order of Expedited Removal.
I knew obama was breaking the law. How come this was never brought up?
Because the Democrats control the media? Why conservative sites didn't bring it up, I don't know. The frantic alarm on the left about Trump's illegal alien deportation plan made me curious and I started googling. I stumbled on this. Why did the GOP not bring it up? The Chamber of Commerce wants the illegal here.....and, they send the GOP big bucks...
I have wondered this for many years. The GOP seems brain dead. I think the GOP is in fear of the left, they fold at the first challenge. It may be they want everyone to love them. Or they have no balls.
The GOP Leadership and many of its members are not folding or acting out of fear...they arte in fact complicit with many of the Left's and Progressive's programs; they are willingly allowing such abuses of power to take place. Using the Democrats to do their dirty work... acting as if they can not stop such garbage from becoming law.
Illegals are costing the US tax payer billions of dollars each year.
I am sure Trump will have the best lawyers telling him before he begins. First the felons and all Obama left out of prison.
Here is one of the sites that tells alien invaders how to get around our laws.