On January 20, 2025, President Trump signed an executive order to expand expedited removal nationwide, and the Trump administration published a Notice in the Federal Register on January 21 implementing the policy. Under the expanded policy, undocumented immigrants anywhere in the United States who cannot prove they have resided in the U.S. for at least two years will be subject to an expedited deportation process. This marks a significant shift in enforcement authority that affects removal defense strategy for your clients.
What changed
Prior regulations from 2004 limited expedited removal to undocumented noncitizens apprehended within two weeks of arrival and within 100 miles of a U.S. land border. In 2019, the first Trump administration expanded the temporal restriction to two years and removed the geographic restriction, but this expanded policy was subsequently rescinded by the Biden administration in March 2022.
The Trump administration has now re-implemented this policy, which was created by Congress in 1996 as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Under the expanded expedited removal policy, undocumented immigrants anywhere in the United States who cannot prove they have resided in the U.S. for at least two years will be subject to an expedited deportation process.
Under expedited removal processes, certain noncitizens are deported in as little as a single day without an immigration court hearing or other appearance before an immigration judge. The expedited removal guidelines apply to undocumented immigrants who have not been admitted to the U.S.
Why it matters
This expansion drastically widens the universe of noncitizens vulnerable to removal without a hearing before an immigration judge. Previously, the policy applied only to recent arrivals near the border; now it can apply to anyone in the interior who cannot document two continuous years of presence—regardless of how long they have actually lived in the United States, their ties to family or employment, or humanitarian circumstances.
Because expedited removal proceedings can result in deportation in as little as one day without an immigration court hearing or appearance before a judge, the stakes for early legal intervention are high. Clients apprehended by ICE or CBP may have only hours to assert asylum claims or other legal grounds for avoiding removal. The burden shifts to the noncitizen to affirmatively prove two years of continuous physical presence—a standard that is strict and fact-intensive.
Asylum seekers remain a partial exception. Even under expedited removal, those who apply for asylum should still receive a credible fear interview before an asylum officer, and if they are determined to have a credible fear of persecution, they are removed from the expedited process. However, the tight timeframe and burden of proof mean that early and clear articulation of fear is critical.
Way forward
- Brief your clients immediately: If your client is undocumented or lacks continuous documented presence for two years, explain the expedited removal risk and the importance of rapid legal advice if approached by immigration authorities.
- Gather proof of presence: For any client potentially subject to this policy, begin collecting evidence of two continuous years of physical presence (rent receipts, utility bills, employment records, school enrollment, tax returns, affidavits from witnesses).
- Assert asylum or other claims early: If your client has any basis for asylum, protection under the Convention Against Torture, or other relief, ensure they clearly articulate this claim to an immigration officer. Do not rely on the opportunity to litigate later.
- Monitor case law: Watch for federal court challenges to the January 2025 Notice. Earlier versions of this expansion faced judicial scrutiny; current challenges may affect implementation or scope.
Disclaimer
This article is not legal advice. Fola is a software company, not a law firm. Immigration law is complex, changes frequently, and the application of expedited removal to any individual case depends on specific facts and circumstances. Always consult a licensed immigration attorney before relying on any information here. Verify all statements against the original Notice and applicable statute. USCIS and DHS policy can change without notice, and you should check the Federal Register and official agency guidance regularly.