As news arises that the Biden administration will begin to increase the use of expedited removal and fast-tracked asylum screenings, policy analyst Aaron Nodjomian-Escajeda examines expedited removal, exceptions to it, and concerns over its increased use.

Non-U.S. citizens or nationals encountered at the southern border without a visa or other valid travel documents (undocumented immigrants) may be subject to removal as established in the Immigration and Nationality Act (INA). The INA establishes removal processes for separate categories of undocumented immigrants and gives them certain guarantees, including the rights to counsel, to appear at a hearing before an immigration judge (IJ), to present evidence, and to appeal an adverse decision. The INA, however, sets forth a streamlined expedited removal process for certain undocumented immigrants who recently entered the United States without inspection.

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