What does Due Process of law look like in Expedited Removal proceedings?
The Regulations outline a very specific procedure that an ICE Official must complete in order to effectuate Expedited Removal against an individual in the United States. 8 CFR § 235(b)(2)(i).
The ICE Officer must:
1) The ICE Officer must create a Record of Proceeding using Form I-867AB, Record of Sworn Statement in Removal Proceedings.
2) The ICE Officer must read the individual in proceedings all the information on the form,
3) The ICE Officer must question the individual’s statement regarding identity, alienage, and inadmissibility, and
4) The ICE Officer must record the individual’s response to the questions,
5) The ICE Officer must have the individual read (or read to the individual) the statement,
6) The individual must sign and initial each page of the statement and each correction.
7) The ICE Officer must inform the individual of the immigration charges against him or her on Form I-860
8) The ICE Officer must provide the individual the opportunity to respond to the charges in the sworn statement.
9) The ICE Officer must submit the Sworn Statement and Notice of Order of Expedited Removal to ICE Supervisor
10) The ICE Officer must serve the Notice of Order of Expedited Removal on the individual
11) The individual in removal proceedings must sign the Order of Expedited Removal to confirm receipt. 8 CFR § 235(b)(2)(i).
Individuals who do not wish to be removed without a hearing should
request to see their attorney immediately upon apprehension by ICE authorities.
Individuals who do not wish to be removed without a hearing,
should not provide any information to the ICE Officer regarding their identity, alienage or admissibility without their attorney present.
Individuals who do not wish to be removed without a hearing should
not sign any documents requested by an ICE officer without an attorney present.
We encourage individuals to
Know Your Rights, have a plan in place if you or a family member is detained or apprehended by ICE, to make sure documentation of at least two years of residence in the United States is organized and easy to access, and to contact an experienced immigration attorney if necessary.
For information, please contact Kolko & Associates, P.C.