Expedited Removal in 2025: What You Need to Know and How to Protect Your Rights

The U.S. immigration landscape has recently experienced a shift with significant changes to expedited removal (ER) under the second Trump administration. While ER is commonly associated with border enforcement, recent policy updates have expanded its reach into the U.S. interior. This makes it crucial for noncitizens and their legal advocates to fully understand the new implications of expedited removal and how it may affect their immigration status.

What Is Expedited Removal (ER)?

Expedited removal (ER) is a fast-track deportation process that allows immigration officers to remove certain noncitizens without a hearing before an immigration judge. ER was first established in 1996 under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and was originally intended for individuals who are inadmissible due to fraud, misrepresentation, or lack of valid entry documentation.

When a noncitizen is placed in expedited removal, they are barred from reentering the U.S. for five years. However, if the individual expresses a fear of returning to their home country, they are entitled to a credible fear interview (CFI), which is a crucial step for individuals seeking asylum.

How Has Expedited Removal Changed Under the Current Administration?

On January 23, 2025, Acting DHS Secretary Huffman issued new guidance that significantly expands the scope of expedited removal. Key changes include:

• Expanded Applicability: ER now applies to noncitizens encountered anywhere within the U.S., not just those within 100 miles of the border.

• Two-Year Physical Presence Requirement: Noncitizens must demonstrate continuous residence in the U.S. for at least two years to avoid expedited removal.

• Targeted Enforcement: DHS prioritizes enforcement actions against noncitizens who failed to apply for asylum within one year of their arrival.

• Parole Review: Individuals who entered the U.S. under humanitarian parole programs, such as CHNV parole, may have their parole status re-evaluated and terminated, making them eligible for expedited removal.

Who Is at Risk for Expedited Removal?

While expedited removal does not apply to certain groups, such as:

• U.S. citizens, lawful permanent residents, refugees, or asylees (unless their status is revoked)

• Unaccompanied minors

• Noncitizens with approved U visa petitions or other forms of protection

• Individuals who have been admitted or paroled (although DHS may argue otherwise)

Those with uncertain immigration status are at higher risk. This includes individuals who:

• Entered the U.S. on parole

• Overstayed their visa

• Have pending asylum applications

If you are in any of these categories, it is important to be particularly cautious about the risk of being placed in expedited removal.

How to Protect Yourself from Expedited Removal

If you or a loved one is at risk of expedited removal, taking proactive steps can make a significant difference. Here are key recommendations:

If you or a loved one is at risk of expedited removal, taking proactive steps can help protect your immigration rights. Here are key recommendations:

1. Gather and Carry Documentation

Ensure you have the following documents on hand:

• Proof of continuous U.S. residence (e.g., leases, pay stubs, medical records) from at least the past two years.

• Copies of any pending immigration applications (e.g., asylum, U visa, adjustment of status).

• Contact information for an immigration attorney and a signed G-28 Notice of Representation to present if detained.

2. Understand Your Rights

• You are not required to answer questions from Immigration and Customs Enforcement (ICE) officers about your immigration status without legal representation.

• Do not sign anything without consulting an attorney first.

• If detained, immediately request a credible fear interview if you fear returning to your home country.

Legal Strategies to Fight Expedited Removal

There are several legal avenues to challenge an expedited removal order, including:

1. Proving Two Years of Physical Presence

If you have two or more years of continuous U.S. residence, you should challenge the ER placement by providing evidence of your eligibility to remain in the U.S.

2. Challenging DHS Motions to Dismiss

DHS may attempt to dismiss pending removal cases to place noncitizens in expedited removal. Legal representatives should oppose these motions and argue for due process rights in immigration court.

3. Federal Litigation and Habeas Corpus Petitions

Although judicial review of expedited removal is limited, attorneys may seek habeas corpus relief if DHS misapplies expedited removal procedures, particularly for individuals who are not covered by the statute.

Conclusion: The Importance of Understanding Expedited Removal in Immigration Enforcement

The expansion of expedited removal marks a significant change in U.S. immigration enforcement practices. Noncitizens and their legal advocates must remain vigilant, gather necessary documentation, and seek professional legal counsel to protect their rights. If you believe you or a loved one may be impacted by these changes, it is crucial to consult with an experienced immigration attorney as soon as possible.

For further guidance on navigating expedited removal and your rights, call 503-427-8243 or request a consultation to discuss your case in more detail.