If you are an immigrant living in the United States without legal status, or with a status that has recently lapsed, the current enforcement environment demands your immediate attention. Expedited removal is no longer a process reserved for people caught at the southern border. As of January 21, 2025, it applies anywhere in the United States to any undocumented individual who cannot prove two full years of continuous physical presence. 

In June 2026, a federal appeals court upheld that expansion, making it the law of the land once again after a lower court had temporarily blocked it. Understanding what expedited removal means, who it affects, and which legal protections remain is no longer optional. It is essential. At Somireddy Law Group, we are actively advising clients across Virginia, New Jersey, and Pennsylvania on navigating this shifting enforcement landscape.

What Is Expedited Removal?

Under U.S. immigration law, certain noncitizens may be removed by ICE and CBP officers without a hearing before an immigration judge through expedited removal. Expedited removal was established by Congress in 1996 under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Section 235(b) (1) of the Immigration and Nationality Act (INA).

How has the Expedited Removal Policy Changed in 2025 and 2026?

This is where the most significant changes have occurred. Immigration officials had long been selective in applying expedited removal, primarily to those they caught within 100 miles of the border or at a port of entry. But all that came to an end on January 20, 2025, when President Trump issued Executive Order 14159, which expanded the definition of expedited removal as far as statute would permit, and the following day, a DHS Federal Register notice.

The 2025 expansion made three changes to the Immigration Act that are crucial to immigrants in the United States:

• Expedited removal: It is now in effect throughout the U.S., and not just in border areas or certain geographical areas.
• Removal of the 14-day entry rule: ICE no longer has to prove that the person was recently in the country – the ‘recency of entry’ requirement was entirely removed.
• Two-year continuous presence burden: An undocumented person who fails to establish two years’ continuous physical presence in the U.S. by an affirmative showing is now liable to expedited removal.

A U.S. Court of Appeals for the D.C. Circuit (2-1) overturned the lower court’s decision in June 2026. Most of them agreed that the process is adequate for due process, but when Judge Robert Wilkins dissented, he challenged that conclusion by pointing out that officials have already improperly deported several immigrants as part of the new policy.

What Is the Expedited Removal Process Step by Step?

When an ICE or CBP officer encounters someone believed to be subject to expedited removal, the sequence moves rapidly and with very limited opportunity for the individual to seek counsel.

• Initial encounter and screening: An immigration officer determines whether the individual qualifies for expedited removal based on entry status and presence period.
• Fear of persecution inquiry: The officer must ask whether the individual fears returning to their home country or intends to apply for asylum – this triggers a different process.
• Credible fear interview: If fear is expressed, an asylum officer conducts a credible fear interview, typically by phone while the individual remains in detention.
• Issuance of Form I-860: If no fear is expressed or the credible fear interview result is negative, the officer issues a formal Notice and Order of Expedited Removal.
• Physical removal: Deportation can occur within 24 to 48 hours of the removal order, with no immigration judge, no NTA, and no formal hearing.
• Limited administrative review: The only available review is a challenge based on a claim to U.S. citizenship, lawful permanent residence, refugee status, or asylee status.

One critical point: individuals cannot appeal an expedited removal order through standard immigration court channels. The absence of judicial review is precisely what makes this process so consequential.

What Are the Consequences of Expedited Removal?

An expedited removal order is not just a deportation order; it has legal ramifications that go beyond the order of deportation and can affect an individual’s immigration future for years.

• Five-year re-entry bar: If an individual is removed under expedited removal, he or she cannot re-enter the United States or apply for admission to the United States for five years.
• Second expedited removal/re-entry:  After removal, may result in a permanent bar to entry under INA Section 212(a)(9).
• No access to pending applications: Having a pending adjustment of status, asylum application, or work permit renewal does not protect you – unless you can prove two years of documented residence.
• Wrongful removal risk: The DC Circuit majority acknowledged documented instances of individuals with over two years of residence being wrongfully subjected to expedited removal by individual officers.
• Family separation with no arrangement time: Deportation can occur so quickly that affected individuals have no opportunity to arrange childcare, finances, or property matters.
• Criminal reentry exposure: Re-entering the United States after an expedited removal order without authorization constitutes a federal criminal offense under 8 U.S.C. § 1326.

Who Is Exempt from Expedited Removal in Immigration Law?

Not every immigrant is subject to expedited removal. Federal law carves out specific categories that carry protection from this process. Documented cases of mistaken detention during 2025 were reported, but green card holders and citizens are explicitly exempted.

• Admitted refugees and asylees: Refugees and those who were granted asylum are protected and have the right to regular removal proceedings.
• Unaccompanied alien children: Children under 18 who are traveling alone without their parents are granted special status under federal statute that bars expedited removal, irrespective of status or entry into the country.
• Visa overstayers: People who entered the country with a valid visa and overstayed are not subject to expedited removal (but they will be subject to other enforcement consequences).
• Those with documented two-year presence: Anyone who can produce credible, contemporaneous documentation of 24 consecutive months of U.S. residence has a basis to contest expedited removal.

If you fall into any of these categories, carry documentation of your status at all times. The 2025 expansion created conditions where the burden falls on the individual to prove exemption – not on the government to prove eligibility.

How Can the Best US Immigration Attorneys Help You?

In the current enforcement environment, documentation, preparation, and access to experienced legal counsel before an encounter often determine whether someone receives legal protection or faces removal, not what happens afterward.

At Somireddy Law Group, our immigration attorneys work with individuals and families across Virginia, New Jersey, Pennsylvania, and Texas to assess their exposure under the expanded expedited removal policy, build documentation packages that establish continuous presence, and develop legal strategies appropriate to each client’s specific situation. We handle removal defense, credible fear proceedings, asylum applications, and related immigration matters across multiple jurisdictions.

If immigration officials issued you or a family member a removal order, detained either of you, or raised concerns about vulnerability under the current expedited removal policy, do not delay in seeking counsel. 

Contact Somireddy Law Group for a consultation – because in expedited removal cases, time is not a resource you have in abundance.

FAQs

1. What is expedited removal in immigration law?

Expedited removal is a fast-track deportation process allowing ICE officers to remove undocumented immigrants without an immigration judge hearing.

2. Who is subject to expedited removal in 2026?

Any undocumented immigrant anywhere in the U.S. who cannot prove two continuous years of physical presence is currently subject to expedited removal.

3. Can I be deported through expedited removal without seeing a judge?

Yes. Expedited removal allows deportation within 24 to 48 hours with no immigration court hearing and no judicial review.

4. What happens if I claim fear of persecution during expedited removal?

You will be referred for a credible fear interview. If successful, your case moves to standard immigration court proceedings instead of immediate removal.

5. Does a pending immigration application protect me from expedited removal?

No. Pending applications do not protect you unless you can independently prove two full years of documented continuous U.S. residence.

6. Can Somireddy Law Group help if I receive an expedited removal order?

Yes. Somireddy Law Group handles removal defense and can assess available legal options based on your specific immigration history and circumstances immediately.