Expansion of Expedited Removal
Summary: The Department of Homeland Security (DHS) has increased the number of individuals eligible for deportation through expedited removal. Expedited removal means that the person does not appear before a judge to defend themselves; they are simply deported. Under this new memorandum, individuals subject to deportation who have been in the U.S. for less than two years or who are currently in immigration proceedings may now be at risk of expedited removal.
On January 23, 2025, DHS issued a memorandum to ICE, CBP, and USCIS expanding the number of individuals eligible for expedited removal under the new administration. Expedited removal is a process in which someone can be deported or removed from the United States without an immigration court hearing.
Under this new policy, three groups of people are at risk of expedited removal:
- Anyone anywhere in the U.S. who has been in the country continuously for less than two years.
- Individuals within 100 miles of the U.S. border who have been in the country for more than 14 days but less than two years.
- Individuals currently in deportation proceedings and/or those with active parole status, who would otherwise be eligible for expedited removal. For this third group, immigration authorities have the discretion to terminate deportation proceedings or parole status and apply expedited removal.
Additionally, DHS may review cases of individuals who were granted parole under a program that has been modified by the new administration and determine whether to initiate deportation proceedings against them.
Individuals who have been in the U.S. for more than two years are responsible for providing proof of their residency in the country for that period. Likewise, any person who states that they fear returning to their home country (asylum seekers) must receive a credible fear interview before being deported. However, among those seeking asylum, immigration officials have been instructed to prioritize expedited removal for individuals who did not apply for asylum within the first year of arriving in the U.S. The general asylum policy requires applicants to submit their request within one year of their arrival.