EXPEDITED REMOVAL RECORDS
A traveler who was processed for expedited removal can request CBP records concerning the incident through the Freedom of Information Act and Privacy Act process. The request should identify the port, date and expedited-removal event as precisely as possible and specifically request the Form I-867A/B and related records.
CBP’s current FOIA guidance specifically lists expedited-removal records from ports of entry as records that should be requested from CBP.
If the border incident involved expedited removal, ask for the complete expedited-removal record rather than requesting only one form.
The formal expedited-removal process uses Form I-867A/B to record the required advisals and the traveler’s sworn answers.
The record can be important when later questions concern what the traveler allegedly admitted, whether an interpreter was used or whether corrections were made.
Form I-860 is the Notice and Order of Expedited Removal. It identifies the formal removal action and should ordinarily be requested together with the I-867 record and related inspection documents.
CBP’s current FOIA instructions advise requesters to provide precise information such as dates, times, port-of-entry locations, officer information when known and identifying information that helps CBP locate the record.
CBP requires identity information for a person requesting records about themselves. Attorneys or other third-party requesters must also provide the required authorization, such as a qualifying Form G-28 or written consent.
Current CBP guidance states that FOIA and Privacy Act requests must be submitted electronically through the CBP SecureRelease portal or FOIA.gov. CBP no longer accepts ordinary hard-copy, fax or email submissions for these requests.
Obtaining the I-867 is an evidence-gathering step. A FOIA request does not itself reopen, rescind or invalidate an expedited-removal order.
Yes. CBP identifies port-of-entry expedited-removal records as records that may be requested from CBP under FOIA.
Usually it is better to request the complete expedited-removal and inspection record, including I-867A/B, I-860 and related documents.
No. FOIA provides access to responsive records; it is not an appeal or rescission procedure.
These government materials provide the principal CBP records and FOIA procedures discussed on this page.
The I-867, I-860, corrections, interpreter information and inspection records can materially change the analysis of a prior expedited-removal incident.