The Department of Homeland Security Expands its Use of Expedited Removal

On January 20, 2025, President Donald Trump issued executive order “Protecting Americans From Invasion,” directing the Secretary of Homeland Security to expand the use of “expedited removal” under 8 USC 1225(b)(1)(A).

Expedited removal is a fast-tracked removal process where Immigration & Customs Enforcement (ICE) and Customs & Border Protection (CBP) can issue an order of removal and physically remove individuals from the United States without a hearing in immigration court or an opportunity to apply for relief from removal or immigration benefits. In the past, expedited removal was only used against individuals who had been in the United States for less than two weeks and were apprehended within 100 miles of the U.S. border.

Under this new policy, set forth in a guidance memo by the Department of Homeland Security HS on January 23, 2025, expedited removal may be used against any individual that (1) entered without inspection, (2) has been in the United States for less than 2 years, and (3) is apprehended anywhere in the United States.

• Exception (8 USC 1225(b)(1)(A)(ii) and (B)):

  • If an individual otherwise subject to expedited removal indicates either an intention to apply for asylum or a fear of persecution, the immigration officer shall refer the individual to an interview with an asylum officer.

  • If the officer determines that individual has a credible fear of persecution, the individual shall be detained for further consideration of the application for asylum/withholding of removal/CAT.

  • If the individual is currently in Removal Proceedings. However, if subject to expedited removal, the government has been directed to take steps to terminate such proceedings to effectuate an expedited removal. 

If you have any questions about expedited removal, have lost communication with your client and believe they may be subject to expedited removal, please feel free to contact our office.

For more information on Expedited Removal: https://www.federalregister.gov/documents/2025/01/24/2025-01720/designating-aliens-for-expedited-removal

https://www.dhs.gov/sites/default/files/2025-01/25_0123_er-and-parole-guidance.pdf