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effective. These provisions created expedited removal power for immigration officers. Before this date, the
deportation of an alien required a full removal proceeding before a judge. With expedited removal, immigration
officers at U.S. ports-of-entry have the authority to order certain aliens immediately removed.
Carrying the same weight as a deportation order by an immigration judge, this new removal process was
implemented to increase the efficiency of immigration services and bolster the country's safety. However, numerous
immigrant rights groups are concerned that expedited removal undermines alien rights.
Expedited Removal Different from the Previous System
Prior to 1997, only a trained deportation judge could issue an order causing an alien to be deported. Currently, an
immigration officer can make such an order immediately, and the officer is not required to have training in asylum
law or refugee interviewing. In addition, certain procedural safeguards such as the presence of an attorney and the
right to an appeal have been diminished.
Two Exceptions Where an Expedited Removal Order May be Appealed
Despite the immediacy of the new removal process and the relatively unchallenged authority of immigration officers,
there are two situations where an alien might appeal the deportation order:
* Aliens who seek asylum based on a "credible fear of persecution or torture," but are not believed by an
immigration official to genuinely possess such fear
* Aliens who claim under oath that they may lawfully remain in the country, but whose status cannot be verified
Alien Rights to Attorneys During the Expedited Removal Process
Aliens are generally not entitled to counsel upon entrance into the country. However, if they claim that they intend to
apply for asylum (or claim a fear of persecution or torture), they are entitled to the presence of a person of their
choice (including an attorney) at their interview. The interview provides aliens an opportunity to establish the basis
for their "credible fear." An attorney at this interview must come at no expense to the U.S. government.
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