Voluntary Departure, Expedited Removal, Reinstated Removal, and Administrative Removal


Voluntary departure and the various forms of removal (expedited, reinstated or administrative) are each quick-and-dirty procedures that the immigration authorities use for expelling a non-U.S. citizen. None of these processes involves an immigration hearing.

Voluntary departure means that you agree to leave the United States, without attempting to assert any rights to stay. Many people do so after being intimidated by immigration agents who have taken them into custody. Non-citizens should never agree to voluntary departure without first checking with an immigration lawyer to see whether that’s really the best option. This may mean remaining in custody somewhat longer, but you must avoid panicking and giving up your rights simply because you’ve been detained by the authorities.

Expedited removal is a fast-track deportation procedure that can result in expulsion from the United States within a day or two. If you are assisting someone who has been detained, and you believe that the authorities are going to engage in expedited removal, you should (1) retain an immigration attorney immediately, and (2) have as many people as possible (preferably hundreds) contact the individual’s consulate and urge the consular officials to become involved. It’s also useful to have politicians and clergy visit the individual in custody. The point is to let the immigration authorities know that the case is under public scrutiny. Try to prevent the removal order from being issued in the first place. There are legal remedies once expedited removal has occurred, but the removal order must be appealed within 30 days!

Administrative removal is a procedure allowing the immigration authorities to expel a person who has been convicted of any of a wide variety of crimes, including many felonies and some misdemeanors. Typically, the convicted person will have served time in jail or prison and when the sentence is up, instead of being released, the prisoner is held until the immigration authorities pick him up and send him back to his country of origin. Administrative removal does not apply to lawful permanent residents (people with green cards).

Reinstated removal means that at some time in the past, you were expelled under an order for expedited or administrative removal, so now the immigration authorities can simply re-expel you. Once you have been subject to any kind of removal, you are tainted for all time. Removal can happen relatively unobtrusively at the border, so if you believe it’s possible that you might ever have been removed, it would be wise to consult an immigration attorney to help you verify it.