Expedited Removal: What Is New Under Trump and Who Does It Apply To?

Expedited removal is a procedure that allows the Department of Homeland Security (DHS) to remove a noncitizen without a hearing before an Immigration Judge. An individual who arrives at a port of entry and who is inadmissible either because he or she made misrepresentations or false claims to U.S. citizenship or because he or she lacks valid entry documents is subject to expedited removal. The Secretary of the DHS can also apply expedited removal to any individual apprehended other than at a port of entry who is inadmissible for those same reasons, has not been admitted or paroled into the U.S., and cannot show that he or she has been continuously present in the U.S. for two or more years. However, under Obama’s administration, DHS limited its application of expedited removal to noncitizens inadmissible for one of these grounds who are either at a port of entry or are apprehended within 14 days of their arrival and within 100 miles of an international land border.

On January 25, 2017, President Trump issued an Executive Order that instructs the Secretary of Homeland Security to apply expedited removal to the fullest extent of the law. This would mean that any noncitizen apprehended anywhere in the U.S. who is inadmissible for the reasons stated above and who cannot show that they have been in the U.S. for more than two years could be subject to expedited removal.

There has not been any confirmed evidence that this expanded expedited removal order has been implemented yet, but the attorneys at Joseph & Hall P.C. are tracking the changes in immigration laws and policies in order to best represent our clients. If you are concerned about whether you are subject to expedited removal or what your rights are should be become apprehended, contact your attorney at Joseph & Hall P.C.