Can You Fight an Expedited Removal Order in California?

In January 2025, the Department of Homeland Security tried to expand expedited removal to the fullest extent the statute allows. The plan would have let ICE place people into fast-track removal anywhere in the country, not just near the border, and remove them without a hearing before an immigration judge.

A federal court blocked that expansion. As of 2026, it is on hold while the case is on appeal, so the broad version DHS announced is not in effect. The older, narrower rules still apply. Even so, expedited removal remains one of the harshest tools in the system, and the rules can shift quickly, so it helps to know where things stand if you or someone you know is facing it in California.

What Is Expedited Removal?

Expedited removal is a fast-track process that allows ICE and Customs and Border Protection (CBP) officers to order someone removed from the country without ever going before an immigration judge. The process was created by Congress in 1996 under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).

In 2025 DHS tried to widen who expedited removal could reach. The expanded version would have applied to people who:

• Were encountered anywhere in the United States, not just within 100 miles of the border

• Cannot prove they have been continuously physically present in the country for at least two years
• Entered without inspection (was not admitted or paroled)
• Lacks valid entry documents or obtained admission through fraud

That broader version is currently blocked. A federal court stayed it in August 2025, and in November 2025, the D.C. Circuit declined to let it take effect while the appeal plays out.

For now, expedited removal applies under the pre-2025 limits: mainly people stopped within 100 air miles of the border who entered within the previous 14 days, and certain people who arrived by sea.

Why Expedited Removal Is So Dangerous

Expedited removal strips away nearly every procedural protection. There is no hearing before a judge, no opportunity to present evidence or call witnesses, and no appeal.

An ICE or CBP officer can determine removability, issue the order, and carry it out within 24 to 48 hours, acting as investigator, prosecutor, and judge in the same case.

The Credible Fear Exception

The single most important protection against expedited removal is the credible fear claim.

If you tell an immigration officer that you are afraid to return to your home country, or that you want to apply for asylum, the officer is legally required to refer you for a credible fear interview with an asylum officer.

During the credible fear interview, an asylum officer evaluates whether you have a “significant possibility” of establishing eligibility for asylum based on persecution or a well-founded fear of persecution due to:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group

If the asylum officer finds that you have established credible fear, your expedited removal order is revoked, and you are placed in regular removal proceedings before an immigration judge.

This gives you the chance to present your full case, hire an attorney, and apply for relief.

If the asylum officer finds that you have not established credible fear, you can request review by an immigration judge. Under the law, this review must happen within 24 hours to the maximum extent practicable, but no later than 7 days.

This is why it is absolutely critical to tell the officer if you are afraid to go back.

If you do not express fear of return, you will not be referred for a credible fear screening, and the expedited removal order will be carried out.

Can You Challenge an Expedited Removal Order in Court?

Congress specifically limited judicial review of expedited removal orders. Under the statute, federal courts generally cannot review the decision to issue an expedited removal order.

There are narrow exceptions:

• If you are a lawful permanent resident or asylee who was wrongfully placed in expedited removal, you may be able to challenge the order through a habeas corpus petition.
• If the officer failed to follow required procedures, such as not referring you for a credible fear interview after you expressed fear of return, there may be grounds for a habeas challenge.
• Systemic challenges to the expedited removal expansion are ongoing in federal court. The ACLU’s lawsuit, Make the Road New York v. Noem, challenges the constitutionality of applying expedited removal to people living in the interior of the country.

In a significant development, a federal court blocked the expansion in August 2025, finding that it likely violates due process rights.

In November 2025, the D.C. Circuit declined to pause that ruling, so the block remains in effect while the case continues.

However, the legal landscape is shifting. How these rulings apply to any individual case depends on the specific facts and timing.

How to Prove You Have Been in the U.S. for Two Years

Because expedited removal only applies to people who cannot demonstrate two years of continuous physical presence, proving your time in the country is a critical defense. The burden of proof is on you.

Documents that can help establish your presence include: lease agreements, utility and phone bills, bank statements, pay stubs and tax returns, medical and dental records, school enrollment records, church or community organization records, and social media posts with location data and timestamps.

Carry copies of these documents with you. If ICE encounters you and you cannot immediately prove two years of presence, you may be placed in expedited removal proceedings on the spot.

What Happens if You Were Already in Removal Proceedings?

In 2025, the government began dismissing regular removal proceedings for some individuals and then placing them in expedited removal instead. This practice has been challenged in court.

If your case was dismissed and you are now facing expedited removal, you may have additional legal arguments available. Immigration practitioners have filed motions to reconsider, appealed dismissals to the Board of Immigration Appeals, and in some cases filed habeas petitions in federal court.

This is an evolving area of law, and specific strategies depend on the details of your case. An immigration attorney familiar with current enforcement practices can evaluate your options.

What to Do Right Now to Protect Yourself

Whether or not you are currently at risk, gather and organize proof of your time in the United States.

Memorize or carry the phone number of an immigration attorney. If an officer tries to process you for expedited removal and you are afraid to go back to your home country, say so clearly and ask for a credible fear interview.

Do not sign a voluntary departure or removal order. And if you are a U.S. citizen or lawful permanent resident, carry proof of status, as mistaken placements in expedited removal have been documented.

The Legal Fight Over Expedited Removal Orders Is Not Over

Multiple federal lawsuits are challenging the expanded use of expedited removal. Courts have found that applying this process to people living in the interior of the country raises serious constitutional concerns. But litigation takes time, and enforcement continues while cases work through the courts.

If you or someone you know has been placed in expedited removal, contact an immigration attorney immediately.

Time is the most valuable thing you have in these cases, and it runs out fast.