*Updated on January 24, 2025*
The Department of Homeland Security (DHS) has significantly expanded its use of expedited removal, increasing the risk of fast-track deportation for undocumented individuals across the United States. As of January 24, 2025, individuals who are undocumented and unable to prove two years of continuous U.S. residency may face immediate removal without seeing an immigration judge.
These new changes apply nationwide and now include individuals who previously had protections, such as those with pending immigration applications or humanitarian parole. Given these developments, it is more important than ever to know your rights and take proactive steps to protect yourself and your family.
What is Expedited Removal?
Expedited removal is a fast-track deportation process that allows Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers to deport individuals without a court hearing.
Under this policy, ICE or CBP can immediately deport someone if they:
- Are undocumented.
- Cannot prove at least two years of continuous U.S. residency.
The only exception is if the person expresses a credible fear of persecution, which may allow them to seek asylum and avoid immediate deportation.
What Changed in 2025?
Previously, expedited removal only applied to individuals who:
- Were found within 100 miles of the U.S. border.
- Had entered the U.S. within the last 14 days.
Now, DHS has expanded expedited removal nationwide, meaning it applies to any undocumented person in the U.S. who cannot prove two years of continuous residency.
Key Changes as of January 24, 2025
- Expedited removal is now enforced anywhere in the U.S., not just near the border.
- Individuals with pending immigration applications are now at risk.
- Those who entered the U.S. through parole programs may also be subject to expedited removal.
- Legal challenges have been filed, arguing that the expansion violates constitutional due process rights.
If you are undocumented or have an ongoing immigration case, it is critical to take precautions now.
How to Protect Yourself and Your Family
Know Your Rights
- You have the right to remain silent. Do not answer questions about your immigration status, where you were born, or how you entered the U.S.
- Do not open your door unless ICE has a signed warrant from a judge. Ask to see the warrant through a window or under the door before complying.
- You have the right to request a lawyer. Do not sign any documents without consulting an immigration attorney.
Do Not Carry Foreign Identification
- Avoid carrying a passport or other foreign identification, as it may be used against you in expedited removal proceedings.
Carry Proof of U.S. Residency for At Least Two Years
- Mail addressed to you with postmarks.
- Signed leases, rent receipts, or utility bills.
- School, medical, or church records with your name and address.
Carry copies instead of originals to prevent losing important documents.
Keep Immigration Paperwork with You
If you have a pending asylum case, immigration court hearing, or appeal, keep copies of relevant documents at all times.
If You Are Detained by ICE
- Clearly state that you fear returning to your home country, if applicable.
- Ask for a lawyer immediately.
- Do not sign any documents before speaking with an attorney.
Legal Challenges and Ongoing Policy Changes
Several immigration advocacy groups have filed lawsuits challenging the expanded expedited removal policy, arguing that it violates due process rights and could result in wrongful deportations.
Legal challenges could impact how the policy is enforced, so staying informed about developments is critical.
Need Legal Help? Contact Relief Law PLLC
If you or a loved one are at risk of expedited removal, seeking legal advice as soon as possible is essential. At Relief Law PLLC, our experienced immigration attorneys can:
- Assess your immigration options.
- Help you fight deportation.
- Guide you through asylum and visa applications.
Website: relief.law
Email: info@relief.law
Take action today—your future is worth protecting.