Procedure and Grounds for Expedited Removal in the US in 2025

WASHINGTON, Jan. 25, 2025 (Freedom Person)

On January 24, 2025, the U.S. Department of Homeland Security (DHS) announced the full reinstatement of the expedited removal process. This decision reverses the limitations on expedited removal policies introduced in 2022, restoring broader application of expedited deportation procedures.

The new expedited removal policy, implemented under the administration of Donald Trump in 2025, aims to enhance control over illegal immigration. It expands the authority of ICE officers to promptly deport individuals who violate entry and residency regulations. The administration justifies these measures as necessary for ensuring national security and public order while relieving pressure on the immigration court system.

Document Details

Published in: Federal Register. 

Summary of Policy Changes

This DHS notice announces changes to the expedited removal policy, repealing the 2022 policy and reinstating the full scope of expedited removal authorized under the Immigration and Nationality Act (INA). The 2022 policy limited expedited removal to individuals found within 100 miles of the border and within 14 days of entry. These restrictions have now been lifted.

Under the new policy, expedited removal can be applied to eligible non-citizens across the entire U.S. territory with the following conditions.

Who is Subject to Expedited Removal?

Expedited removal generally applies to individuals who:

1. Entered the U.S. without legal authorization, including:

   • Crossing the border without a visa or proper entry documents.

   • Crossing between official ports of entry (e.g., through deserts or rivers).

   • Using fraudulent or someone else’s documents at official entry points.

2. Cannot provide evidence of continuous residence in the U.S. for at least two years.

Impact on Individuals Entering Through Mobile Apps or Temporary Entry Programs

The policy also addresses individuals who entered the U.S. through mobile apps for scheduling immigration appointments (e.g., CBP One) or humanitarian parole programs. These programs, introduced by the previous administration, allowed migrants from countries like Cuba, Nicaragua, Venezuela, and Haiti to receive temporary status for humanitarian reasons or significant public benefit.

The revised policy includes:

• Review of temporary status: Individuals entering under such programs may have their status reviewed.

• Revocation of parole: Temporary status may be revoked if conditions are violated or permanent status is not obtained.

• Expanded ICE authority: Officers are empowered to detain and deport such individuals without court proceedings.

This policy has raised concerns among human rights advocates due to the government’s access to detailed information on these migrants, potentially increasing their vulnerability to deportation. Its impact on other migrant groups, such as Afghans and Ukrainians admitted under separate programs, remains uncertain.

Evidence Requirements

Non-citizens subject to this policy must prove they have resided in the U.S. for over two years to avoid deportation. Acceptable forms of evidence include: tax returns; rental agreements; bank statements; employment records; other official documents showing continuous residence

If an immigration officer determines the provided evidence is insufficient, expedited removal procedures may be applied immediately, resulting in deportation without access to court proceedings.

What is Expedited Removal?

Expedited removal is a streamlined deportation process for individuals unlawfully present in the U.S. or in violation of entry conditions. It allows immigration officers to deport individuals without full court hearings.

Deportation Process

1. Detention: Suspected violators may be detained by ICE officers at border crossings, airports, or during interior enforcement actions.

2. Document Review and Interview: Officials assess whether the individual qualifies for expedited removal.

3. Evidence Submission: Detainees may present evidence of over two years of residence or other reasons to halt deportation.

4. Officer Decision: If evidence is deemed insufficient, expedited removal may proceed.

5. Deportation Execution: Deportation may be carried out within days, including booking flights and arranging for the individual’s return to their home country.

Exemptions from Expedited Removal

Refugees, Asylum Seekers, and Asylum Applicants

Expedited removal does not apply to individuals:

• Filing for asylum or awaiting asylum decisions.

• Awaiting decisions on family reunification or other petitions.

Temporary Visa Holders

Individuals with valid temporary visas (e.g., student or work visas) are not subject to expedited removal if their status remains valid.

Pending Applications

Individuals transitioning between visa statuses (e.g., awaiting approval for a new visa) are generally protected from expedited removal if their application is under review.

What to Do If Your Status Is in Transition

• Expired Status with Pending Application. If your previous status has expired and your new application is still under review (e.g., transitioning from a student visa to a talent visa), expedited removal generally does not apply if your application has been officially received by immigration authorities. In such cases, you are considered to be in "pending status."
• Documents to Carry It is recommended to always have the following documents:
  • Receipt notice for your application (Form I-797, Notice of Action)
  • Copies of submitted forms and supporting documents
  • Any correspondence from USCIS confirming the status of your application
• Risk of Deportation. Individuals with pending applications are usually protected from expedited removal. However, it is crucial to respond promptly to any requests for additional evidence from USCIS to avoid complications.
• Seeking Legal Assistance. If there is uncertainty about your status, seek legal advice from an immigration attorney immediately to prevent misunderstandings or wrongful actions by immigration officers.

Recommendations for Migrants

Navigating the complexities of U.S. immigration laws can be challenging, particularly under expedited removal policies. Migrants should take proactive steps to protect their status and rights. Below are key recommendations to help ensure compliance and readiness in case of immigration enforcement actions

• Gather Documentation: Maintain evidence of over two years of residence in the U.S.
• Seek Legal Advice: Consult immigration attorneys, particularly for temporary or humanitarian parole cases.
• Monitor Status Deadlines: Ensure timely renewal or adjustment of status.
• Stay Prepared: Carry documentation proving your status and residence.
• Engage with Legal Aid: Many organizations offer free legal assistance.
• Consider Asylum: If applicable, file for asylum within the first year of entering the U.S.

Conclusion

Expedited removal is a tool to address illegal immigration by streamlining deportations and reducing the burden on immigration courts. It is critical for affected individuals to understand their rights, gather necessary evidence, and seek legal counsel when needed.

by V. Ivanenko, Human Rights Defender