Expedited Removal to be expanded to streamline deportation of more immigrants.

Effective January 21, 2025, the Department of Homeland Security (DHS) expanded its use of “expedited removal” to streamline the deportation process for certain immigrants. Under the new memorandum, DHS is authorized to place individuals into expedited removal proceedings if they entered the United States without authorization or entered with a CBP One app or humanitarian parole and cannot demonstrate physical presence in the U.S. for two years; and have not applied for asylum within one year of their arrival.

What is “expedited removal”?

– “Expedited removal” allows the government to quickly deport individuals it believes to be undocumented, without the opportunity for a hearing before an immigration judge. Typically, when ICE or CBP arrests a person within the United States, the individual has the chance to appear before an immigration judge before being deported. However, this opportunity is not afforded to those placed in expedited removal proceedings. The only exception is if the individual expresses a fear of returning to their home country, which is why the policy is limited to immigrants who have not applied for asylum within one year of their arrival.

What has changed?

– Previously, ICE and CBP applied expedited removal only to individuals within 100 miles of the border and within 14 days of their arrival. However, the government has now expanded the scope of expedited removal, planning to implement it nationwide for any undocumented individual who cannot prove continuous presence in the U.S. for two years prior to Jan. 21, 2025.

What can people do to prepare?

  • Carry with them evidence of being in the U.S. for at least two years, such as mail with a postmark, a signed lease, church or school records with address, etc.
  • If they are afraid to return to home Country, apply for Asylum, and carry evidence of the pending asylum application or other immigration court case or appeal.

This is a rapidly evolving situation. The memo directs DHS to take all necessary steps to review each individual’s case and determine whether they should be placed in removal proceedings or if parole remains appropriate, considering any changed legal or factual circumstances. The government has not yet specified how it will implement this policy, and it is expected that the approach will evolve in the upcoming days.

What is clear is that individuals who have entered the United States within the last two years are at risk. We strongly advise that anyone in this situation call us to schedule a consultation with one of our immigration attorneys who can carefully assess their eligibility for asylum, or any other removal defense application, and, if applicable, file an asylum application as soon as possible. Our office telephone number is 704.344.0004.