Given the magnitude and ramifications of the government's imminent expansion of expedited removal, the lack of media coverage is confounding. In any case, readers should be aware that the new criteria is set to be applied any day now. In fact, according to an internal ICE memo dated July 24, implementation was set begin at the beginning of September.
The consequences of an individual being apprehended trying to enter the US and formally sent back can be devastating with far reaching ramifications. Under Section 235 of the Immigration and Nationality Act, all aliens applying for admission are subject to inspection by an immigration officer. Furthermore, under some circumstances, aliens present in the US who have not been admitted are also treated as applicants for admission, ie., if encountered within 100 miles of either border with Mexico or Canada who cannot prove that they have been continuously in the US for at least 14 days. Section 235 authorizes an officer to summarily exclude an individual who is arriving in the US and is determined to be inadmissible under 212(a)(6)(C) or 212(a)(7). 212(a)(6)(C) refers to fraud or willful misrepresentation of a material fact in connection with entry into the US, and (a)(7) refers to documentary requirements. Unlike the vast majority of individuals who are caught by Immigration and Customs Enforcement (ICE) within the US, aliens caught at the border may be ordered removed by an officer without recourse to a further review or hearing unless the person indicates an intention to apply for asylum or expresses some fear of persecution. An order under these circumstances is termed an "expedited removal." Importantly, it does not need to be issued by a judge, and once excluded, the individual is barred for five years from re-entering the United States.