What is Expanded Expedited Removal, and Why Does It Matter?
You’ve built a life in the United States—maybe you’ve got a job, a home, and friends who feel like family. But then, out of nowhere, an immigration officer stops you and tells you that you don’t have the right paperwork. Within hours, you could be facing deportation—no trial, no judge, no chance to explain your case. It sounds shocking, but this is the harsh reality of expanded expedited removal.
For years, expedited removal only applied to people caught near the southern border within 100 miles of entry. But with the expansion of expedited removal, authorities can now target individuals anywhere in the U.S. if they can’t prove they’ve been in the country for at least two years.
This means undocumented immigrants, asylum seekers, and even some long-time residents could suddenly find themselves in a fight to stay in the country.
Who is at Risk Under Expanded Expedited Removal?
This policy isn’t just affecting recent arrivals. It applies to:
- Undocumented immigrants who have been in the U.S. for less than two years.
- People stopped within 100 miles of the border who lack valid immigration status.
- Individuals who entered the U.S. without inspection and don’t have sufficient documentation to prove long-term presence.
- Asylum seekers who fail a credible fear interview with an asylum officer.
Unlike traditional deportation proceedings, where immigrants have the opportunity to present their case before an immigration judge, those placed in expedited removal proceedings can be deported almost immediately—often without ever stepping foot in a courtroom.
The process is so fast that many immigrants don’t even have time to get legal help before they are removed from the U.S.
The Impact on Asylum Seekers
For those fleeing persecution or torture, the expansion of expedited removal is particularly devastating. The system is supposed to allow asylum seekers to request a credible fear interview with an asylum officer before being deported.
However, many find themselves rushed through the process with little preparation, no legal representation, and no chance to gather evidence to support their claims.
If an asylum officer determines that an individual does not have a credible fear of persecution, they can be removed almost immediately. Even if they do have a case, the odds are stacked against them:
- Many asylum seekers are detained in immigration detention centers, where they may not have access to attorneys or translators.
- The fear screening process can be inconsistent—some officers apply stricter standards than others.
- Without legal guidance, applicants may struggle to articulate their fear of persecution in the way required by U.S. immigration law.
The result? Countless people who genuinely fear for their lives may be wrongfully deported to their home country, where they could face violence, imprisonment, or even death.
The Legal Challenges and Pushback
The use of expedited removal has drawn criticism from immigration rights groups and legal experts who argue that it violates due process. Organizations like the American Immigration Council and the National Immigration Law Center have challenged the policy in court, stating that immigrants deserve the right to a fair hearing before being deported.
In the 2020 case Department of Homeland Security v. Thuraissigiam, the U.S. Supreme Court upheld the government’s authority to deport people quickly under expedited removal, limiting immigrants’ ability to challenge their deportation in federal court. This ruling made it even harder for noncitizens to fight back against wrongful removal orders.
Critics argue that expanded expedited removal undermines legal protections, disproportionately affects people at the southern border, and increases the risk of deportation without due process.
How Can You Protect Yourself?
If you or someone you care about might be subject to expedited removal, don’t wait until it’s too late to act. The system is fast, and once you’re caught in it, time is not on your side. But the good news?
There are things you can do right now to protect yourself. Let’s break it down.
1. Gather Proof That You’ve Been in the U.S.
You don’t want to be in a situation where you’re scrambling to prove you’ve been here legally. If you’ve been in the U.S. for more than two years, collect documents that confirm your presence. Think lease agreements, pay stubs, school enrollment records, medical records, utility bills, or tax filings.
Keep these records somewhere safe—preferably in multiple places, including with a trusted friend or family member. That way, if you ever need them in a hurry, you won’t be caught off guard.
2. Know Your Rights If Immigration Officers Stop You
If an immigration officer or Customs and Border Protection (CBP) officer approaches you, stay calm. Here’s what you need to know:
- You have the right to remain silent—you don’t have to answer questions about your immigration status or where you were born.
- You can refuse to let them search you or your belongings unless they have a warrant.
- You have the right to ask for a lawyer before signing anything.
- If they pressure you, don’t panic. Simply say, “I am exercising my right to remain silent and would like to speak to an attorney.”
Remember: Anything you say can be used against you, so choose your words carefully.
3. Be Ready for a Credible Fear Interview
If you’re an asylum seeker, a credible fear interview is your chance to stop an expedited removal order in its tracks. But here’s the catch—it’s a high-stakes interview, and a lot of people don’t realize how critical it is until it’s too late. You must notify the ICE officer that you have a fear of returning to your home country.
If you’re detained and facing deportation, ask for an interview with an asylum officer as soon as possible. This is where you must convince the officer that you face persecution or torture if you’re sent back to your home country.
It helps to:
- Speak clearly and confidently about your fears.
- Provide as much detail as possible about what happened to you or why you can’t return home.
- Get legal help—an immigration attorney can prepare you for the interview and improve your chances of success.
4. Call an Immigration Lawyer—Immediately
If you or someone you love is at risk of deportation, there is no time to waste. An experienced immigration lawyer can:
- Fight an order of expedited removal.
- Help file an appeal.
- Advocate for your right to remain in the U.S..
- Guide you through the asylum or immigration court process.
Don’t take chances with your future. A lawyer can make the difference between staying and being forcibly removed from the country.
The Law Office of Lina Baroudi Can Help
Facing deportation or removal proceedings can be terrifying, but you don’t have to go through it alone. At the Law Office of Lina Baroudi, we are committed to fighting for the rights of immigrants.
We believe that everyone deserves a fair chance to present their case and seek protection in the United States.
If you or a loved one is at risk of being placed in expedited removal proceedings, don’t wait until it’s too late. Contact us today for a confidential consultation, and let’s work together to protect your future and your right to stay in the United States.
