"Expedited removal, an immigration enforcement strategy originally conceived to operate at the borders and ports of entry, is being expanded, raising a set of policy, resource, and logistical questions. Expedited removal is a provision under which an alien who lacks proper documentation or has committed fraud or willful misrepresentation of facts may be removed from the United States without any further hearings or review, unless the alien indicates a fear of persecution. Congress added expedited removal to the Immigration and Nationality Act (INA) in 1996, making it mandatory for arriving aliens, and giving the Attorney General the option of applying it to aliens in the interior of the country who have not been admitted or paroled into the United States and who cannot affirmatively show that they have been physically present in the United States continuously for two years. Until recently, expedited removal was only applied to aliens at ports of entry. Several bills introduced in the 109th Congress -- H.R. 4032, H.R. 4312, and H.R. 4437 -- would mandate the expansion of expedited removal. Proponents of expanding expedited removal point to the lengthy procedural delays and costs of the alien removal process. They cite statistics that indicate that the government is much more successful at removing detained aliens (aliens in expedited removal must be detained) than those not detained. They argue that aliens who entered the country illegally should not be afforded the due process and appeals that those who entered legally are given under the law."
CRS Report for Congress, RL33109