Expedited Removal Goes Nationwide
DHS has formally extended expedited removal authority to the interior of the United States, allowing ICE to rapidly deport individuals encountered anywhere in the country who cannot demonstrate that they have been continuously physically present in the U.S. for at least two years and who are inadmissible under immigration law. Previously, expedited removal was generally limited to individuals apprehended within 100 miles of the border and within 14 days of entry.
What Expedited Removal Means
Expedited removal allows ICE to order an individual removed from the United States without a hearing before an immigration judge. The process can result in deportation within days or even hours. The individual has no right to appeal to an immigration judge unless they express a fear of persecution (which triggers a credible fear interview) or claim to be a U.S. citizen or lawful permanent resident.
The two-year continuous presence requirement means that individuals who have been in the U.S. for less than 2 years and cannot prove otherwise are at highest risk. Proving continuous presence requires documentation — utility bills, lease agreements, pay stubs, medical records, school enrollment records, or other evidence showing physical presence in the U.S. over the relevant period.
Who Is Most at Risk
Recent arrivals who have been in the U.S. for less than 2 years face the highest risk of expedited removal. However, the burden of proof falls on the individual — if you cannot prove 2+ years of presence, ICE can pursue expedited removal even if you have been here longer. Individuals without documentation of their stay (those paid in cash, without leases in their name, without utility accounts) are particularly vulnerable.
Protecting Yourself
Maintain documentation of your presence in the United States at all times. Carry evidence such as utility bills, rent receipts, bank statements, or medical records showing dates. If encountered by ICE, state that you have been in the U.S. for more than 2 years (if true) and that you wish to speak with an attorney. If you fear persecution in your home country, clearly state your fear to trigger the credible fear screening process. Contact an immigration attorney immediately — expedited removal timelines are extremely short and legal representation is critical. See our deportation defense guide for all available protections.