For a non-citizen to be removed physically from the United States or denied entry, the proceedings sometimes go before an immigration judge for a hearing. But not always. In some cases, individuals are physically removed from the United States or denied entry as an enforcement by the United States without ever completing the removal proceedings. This is referred to as expedited removal and originated in 1996.
This process states that low-level officers for immigration can, in expedited fashion, deport some non-citizens who have either committed misrepresentation or fraud or who are undocumented. The process has been used to deport individuals that, without authorization, arrive at the United States border and enter. The individuals must be apprehended within 100 miles of the Mexican or Canadian border and within two weeks of arrival.
Unfortunately, the process is not without its flaws. Due to the fact that the immigration officer basically fulfills the part of both judge and prosecutor, mistakes can be made. Occasionally, persons have been deported erroneously from the United States.
Technically, expedited removal, in certain cases, should not be applied. This, of course, supplies to lawful permanent residents, United States citizens, green card holders, etc. It should also not be used to deport asylum-seekers, asylees, or refugees. Individuals seeking asylum are supposed to be referred to asylum officers. Here, they will receive an interview which will decide whether or not they have a fear of persecution that is credible. If credible fear is determined, the individual will be detained and their asylum case will receive further review. In some cases, though rare, individuals seeking asylum may be released from detention and allowed, while their asylum case is pending, to remain in the United States.