Overview of Expedited Removal Expedited removal is a process under U.S. immigration law that allows immigration officers to quickly deport certain noncitizens without granting them access to a hearing before an immigration judge or an opportunity to consult with an attorney. This process, codified under 8 U.S.C. § 1225(b)(1), is primarily used for individuals who enter the United States without valid documentation or inspection.

Who May Be Subject to Expedited Removal? Noncitizens may be placed in expedited removal proceedings if they:

• Entered the U.S. without inspection or valid entry documents, and

• Cannot demonstrate at least two years of continuous presence in the U.S.

Additionally, those arriving at a U.S. port of entry who are deemed inadmissible due to a lack of valid documents or misrepresentation of citizenship status may also be subject to expedited removal.

Exceptions to Expedited Removal There are limited exceptions to expedited removal. If a noncitizen expresses a fear of returning to their home country, they should be referred to an asylum officer for a "credible fear" interview. If the asylum officer determines that the individual has a credible fear of persecution, they will be placed in regular removal proceedings, allowing them to present their case before an immigration judge. If the officer finds no credible fear, the individual can seek a limited review by an immigration judge.

Unaccompanied children are not subject to expedited removal and are instead placed in immigration court proceedings.

Differences Between Expedited and Regular Removal Proceedings Expedited removal differs significantly from regular removal proceedings. Individuals in expedited removal are not given the opportunity to apply for most immigration benefits unless they assert a credible fear of return. Immigration officers serve both as prosecutors and decision-makers, often issuing removal orders within the same day of apprehension. Because of the rapid nature of the process, individuals rarely have time to collect evidence or obtain legal representation. Moreover, those subject to expedited removal remain detained until deported, and there is no direct right to appeal an expedited removal order. A person mistakenly placed in expedited removal may only challenge the order by filing a motion to reopen with the agency.

Expansion of Expedited Removal Under President Trump Expedited removal was established by Congress in 1996 and initially applied to individuals apprehended within 14 days of entry and within 100 miles of the U.S. land borders. In practice, it was primarily enforced at border regions.

In January 2017, President Trump issued an executive order directing the Department of Homeland Security (DHS) to expand expedited removal. On July 23, 2019, DHS implemented this directive, significantly broadening the scope of expedited removal. Under this expansion:

• Expedited removal applied nationwide rather than being limited to border areas.

• It covered any noncitizen who entered the U.S. without inspection and could not prove at least two years of continuous presence.

This expansion meant that individuals across the country, not just near the borders, could be swiftly removed without due process protections.

Conclusion The expansion of expedited removal under President Trump dramatically increased the number of individuals vulnerable to rapid deportation without legal recourse. This policy raised significant due process concerns, as it limited access to legal representation and court proceedings. While the Biden administration has since taken steps to roll back some of these policies, expedited removal remains a critical issue in U.S. immigration enforcement. If you or someone you know is facing expedited removal, seeking immediate legal assistance is crucial.