[3] Its rollout so far has been restricted to people seeking admission and those who have been in the United States for 14 days or less,[3] and excludes first-time violators from Mexico and Canada.
If they are able to demonstrate to the officer that they have a credible fear of persecution or torture, they may no longer be subject to expedited removal, but go through a regular immigration hearing before a judge.
[2] As part of the re-normalization of diplomatic relations, on January 12, 2017, the Secretary of the Department of Homeland Security Jeh Johnson announced the following change:[8] "Beginning today, DHS has rescinded certain policies unique to Cuban nationals.
"DHS is also eliminating an exemption that previously prevented the use of expedited removal proceedings for Cuban nationals apprehended at ports of entry or near the border.
Anybody who states under oath to a border agent that they are a citizen, lawful permanent resident, or asylee cannot be subject to expedited removal and gets an opportunity to appear before an immigration judge.
[2] The officer at a designated port of entry may discretionarily give people being turned back the option of "voluntary return" as an alternative to expedited removal.
[10] If an expedited removal order was issued at a designated port of entry such as an airport, the affected party may also file a complaint with the DHS's Traveler Redress Inquiry Program.
[14] The Immigration Policy Center noted that expedited removal proceedings and other rapid deportation decisions "often fail to take into account many critical factors, including whether the individual is eligible to apply for lawful status in the United States, whether he or she has long-standing ties here, or whether he or she has U.S.-citizen family members.