This article was last updated on April 2, 2026.

Summary

This article describes what expedited removal is and who it might affect. It shares information about the U.S. government’s efforts to expand the use of expedited removal since January 2025. This article includes: 

• Information about the expedited removal process, 
• Who can be placed in the process, 
• What happens when you are in the process, and 
• When someone can get out of the process to try to stay in the United States.

What is expedited removal?

“Expedited removal” is a process that allows the U.S. government to deport certain people very quickly. For example, expedited removal has been used for a long time to quickly deport people who entered the United States without permission and came into contact with U.S. immigration officers near or at the border.

In expedited removal, you do not have a right to see a judge. Instead, another government official can order you deported without you ever having a chance to present your case in court. Once the order is entered, you could be removed to your country of citizenship. There is also a possibility that the government could remove you to a different country you are not from. 

How has the Trump administration tried to change the rules around expedited removal?

In January 2025, the government issued new rules to expand the use of expedited removal. The Trump administration announced that people who did not enter the U.S. with a visa and who cannot prove they have been in the United States for more than two years could be put into the expedited removal process. They said that in some situations, even people who have been in the U.S. longer than two years could be placed in this process. This also includes people who asked to enter the United States at an official port of entry (like one at the U.S. Mexico border). 

Some people filed a lawsuit challenging this expansion of expedited removal, and a federal judge has ruled that the government is not allowed to carry out these policies while the lawsuit is ongoing. More information about this lawsuit can be found here.

The government also said in January 2025 that it would start putting some people in expedited removal even if they entered the United States with parole. They said this would apply to people who entered with CBP One appointments, as well as to people who received parole as a Cuban, Haitian, Nicaraguan, or Venezuelan national. 

Some people filed a lawsuit challenging this policy as well, and a federal judge has ruled that people who entered the United States with parole cannot be placed in expedited removal at this time. The lawsuit is ongoing, and updates can be found here.

Why do these changes matter?

Before these changes, people already inside the United States could only be put in expedited removal if immigration officials arrested them within 100 miles of the border and within 14 days of when they entered the country.  

When the Trump administration tried to change the expedited removal rules, they said it does not matter how far you are from the border. This would mean many more people within the United States could now be placed in expedited removal. Also, for people who already have an asylum case in front of an immigration court, the government said they could try to end their cases early and put them in expedited removal instead. This would put them at risk of detention and deportation before they had a chance to defend themselves fully before a judge.

Although these rules are paused for now, it is possible the government will make other policy changes to expand the use of expedited removal and apply it to other groups as well. Anyone who does not have lawful permanent status (a green card) in the United States should pay attention to updates and news about how these rules are changing and could affect them in the future.

Common Questions about Expedited Removal

If I am put in expedited removal, can I still ask for asylum or some other type of permission to stay in the United States?

In expedited removal, you can only start a process to see if you are allowed to apply for asylum or other permission to stay in the United States. If you are in expedited removal, you can’t apply for asylum until the U.S. government has decided you are allowed to do so.

How can I ask the U.S. government to let me apply for asylum?

If you are afraid of returning to your home country, and you tell a government official that you are afraid, you should be given an interview. What you say in that interview will help the U.S. government decide if you should be allowed to apply for asylum or some other type of permission to stay in the United States. 

However, it is important to remember that immigration officials do not have to ask you if you are afraid or if you want to apply for asylum. This means that they probably won’t ask you. For that reason, if you are afraid to go back, you must explain this to U.S. officials as early and as often as possible. You can tell more than one person, and you can tell them more than one time. 

It is also important to know that if you are with your family, you might get separated. Therefore, if you are afraid to go back to your home country, you should make sure that every person in your family knows how this works, and knows that they should also tell U.S. immigration officials why they are afraid as soon as they can and as many times as they can. This is even true for children. 

How does the interview process work?

If you tell a U.S. immigration official you are afraid to return home, you should be given an interview. Depending on your circumstances, this might be called a “credible fear interview” or a “reasonable fear interview.” The important thing to know about this interview is that the immigration official is trying to understand why you are afraid to go home and whether that means you should be allowed to apply to stay in the United States. It is very important that you tell the truth in any interview with a U.S. immigration official.

Remember that this interview does not give you asylum. If you pass it, it only gives you the chance to apply for asylum.

You may also be given an interview called a “Convention Against Torture” screening. This interview asks about torture you may have experienced or are afraid of experiencing if you return to a specific country. 

Will I be detained (held in custody) if I am placed in expedited removal?

Yes, you can be detained, and it is likely you will be. Most people who are placed in expedited removal are detained while U.S. officials start the deportation process and/or throughout their interview process. Being detained means being held in custody.

Can I have a lawyer in expedited removal proceedings?

Yes, you are allowed to have a lawyer. Expedited removal happens fast, so it is important to contact a lawyer right away. 

If you are detained, you have the right to ask for a lawyer and the right to a phone call to try to find a lawyer. (This means that officials cannot stop you from asking for a lawyer and they can’t stop you from making a phone call to try to find one.) 

It is important not to sign documents you do not understand. If you are someone who might be at risk of being put in the expedited removal process, it might be helpful for you to talk to a lawyer before you have any encounter with law enforcement.

How do I get out of expedited removal? Can I see a judge?

If you pass either a credible or reasonable fear interview, you will be placed in immigration court proceedings. That means you will have the chance to present your case to an immigration judge. If you do not tell U.S. immigration officials about your fear of returning to your home country, or you do not receive a positive credible or reasonable fear interview decision, U.S. immigration officials can deport you very quickly without seeing a judge. If you get out of expedited removal into immigration court, you might still have to stay in detention for the rest of your case. 

If I am worried about expedited removal, what can I do?

Anyone who does not have permanent legal status (a green card) in the United States, and who entered less than two years ago, should consult with an immigration lawyer about their individual situation if at all possible. An immigration lawyer can help you decide if applying for asylum or other options to ask to stay in the US with permission make sense for your situation. We do not know exactly how U.S. immigration officials will apply these new policies.  

If you are worried about expedited removal, there are some things you might want to keep with you at all times in case you are stopped by law enforcement. These include:

• If you have legal status in the United States:
  • Evidence of your legal status, such as paperwork that shows your immigration or citizenship status, including information about parole.
• If you have an ongoing court case or application: 
  • Paperwork or other proof that you have an open case or application, especially if you have applied for asylum. Unfortunately, the government might still try to put you in expedited removal.
• If you entered the country more than two years ago:
  • Documents that show how long you have lived in the US. These can include plane tickets, state identification cards, library cards, postmarked mail with your name and home address, school records, rental leases, and other similar documents showing you have lived in the US for more than two years.

Remember that you do not have to answer questions about your immigration status – see here for more information about your rights if you are questioned by immigration.

Additional information and resources

NILC Know Your Rights Expedited Removal Expansion

National Immigrant Justice Center: Know Your Rights if You Encounter ICE