A Guide to Assist People Facing Expanded Expedited Removal

This Guide is intended to provide general information and does not take the place of individualized advice. Advocates and practitioners should also check any state immigration-related laws that may also apply.

What is Expedited Removal?

Expedited removal is a process that allows immigration enforcement officers to quickly deport certain people from the United States without providing them an opportunity to speak with an attorney or allowing them to see a judge before being deported. People in expedited removal are not afforded a regular immigration court hearing. The only exception is if the person asserts a credible fear of returning to their home country, in which case they may be referred for a credible fear interview. Those subject to expedited removal are typically detained until deported.

Expansion of Expedited Removal

Historically, expedited removal applied only at or near ports of entry (e.g., border crossings or airports) and to individuals who had been in the U.S. for less than 14 days. However, on January 21, 2025, the Trump Administration expanded the use of expedited removal to include certain noncitizens located anywhere within the United States.

Who May Be Subject to Expedited Removal?

A person can be placed in expedited removal proceedings if they:

• Attempt to enter the U.S. without valid entry documents;

• Enter the U.S. through fraud or misrepresentation; or

• Are found within the U.S. without lawful status and cannot prove continuous presence for at least two years.

Who Is Exempt from Expedited Removal?

The following individuals should not be subject to expedited removal:

• U.S. citizens;

• Lawful permanent residents (LPRs);

• Asylees and refugees;

• Those who entered the U.S. with a visa or valid entry document;

• Individuals who have been in the U.S. for two years or more;

• Unaccompanied minors;

• Cuban citizens arriving by air;

• Those with Temporary Protected Status (TPS), U visas, T visas, or other valid nonimmigrant statuses;

• Noncitizens with pending asylum or adjustment of status applications;

• Individuals currently in removal proceedings.

How to Identify Expedited Removal?

Noncitizens may not always be told explicitly that they are being placed in expedited removal. However, if an immigration officer starts asking about the length of their stay in the U.S., it is a strong indicator they may be considering expedited removal. The only formal confirmation is the issuance of Form I-860, “Notice and Order of Expedited Removal.”

Is There a Way to Stop Expedited Removal?

Expedited removal orders cannot be appealed in most cases. However, if a noncitizen expresses a fear of persecution or torture in their home country, they should be removed from the expedited removal process and referred for a credible fear interview with an asylum officer. If they pass the interview, they will be placed in removal proceedings before an immigration judge instead of being summarily removed.

What Should Noncitizens Do During an Immigration Encounter?

Remain Silent

• In general, staying silent is the best defense, especially if an officer does not already have proof of nationality or immigration status.

• ICE cannot enter a home without a judicially signed warrant.

• If ICE is conducting random questioning in public, individuals can decline to respond.

When to Speak

If an immigration officer already has evidence of a person's foreign nationality or the person is getting arrested, they may choose to speak strategically to avoid expedited removal.

Key Defenses Against Expedited Removal

1. Prove Two Years of U.S. Presence

   • If the person has lived in the U.S. for two years, they should state: “I have lived in the United States for more than two years and am not subject to expedited removal.”

   • They should provide documentation, such as bills, leases, tax records, or medical records.

2. Prove Lawful Entry or Valid Status

   • If the individual entered the U.S. with a visa or parole, they should state: “I was admitted into the U.S. and am not subject to expedited removal.”

   • They should provide proof, such as a visa stamp, I-94 form, or parole document.

3. Show Current Immigration Status

   • U.S. citizens: “I am a U.S. citizen and am not subject to expedited removal.”

   • Lawful permanent residents (LPRs): “I am a permanent resident and am not subject to expedited removal.”

   • Asylees or refugees: “I am an asylee [or refugee] and am not subject to expedited removal.”

   • TPS holders, U visa holders, and others with status: “I currently have legal status and am not subject to expedited removal.”

4. Pending Applications for Immigration Relief

   • If the person has a pending asylum, adjustment of status, or other application providing permission to stay, they should state: “I have a pending application and am not subject to expedited removal.”

   • They should show receipt notices from USCIS or EOIR.

5. Currently in Removal Proceedings

   • If the person is already in removal proceedings, they should state: “I am currently in removal proceedings and should not be subject to expedited removal.”

   • They should show their Notice to Appear (NTA) or hearing notice.

Special Considerations

• Jurisdiction Over Removal Proceedings: Advocates should argue that once removal proceedings have been initiated, ICE does not have jurisdiction to issue an expedited removal order without first dismissing the case through the court.

• Asylum Seekers: Those already seeking asylum should emphasize their ongoing case and credible fear of return to their home country.

Conclusion

Expedited removal is a harsh process that significantly limits due process rights. Noncitizens should be aware of their rights and prepared to assert any applicable defenses. Advocates should provide guidance on when to remain silent, what evidence to present, and how to assert eligibility for relief. Staying informed and proactive is crucial in protecting individuals from wrongful deportation.