This article was last updated on March 26, 2025.

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 expedited removal in 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 US 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 US without permission and came into contact with US 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 can be removed to your country of citizenship. Sometimes, you can also be removed to another country.

I heard this process changed under Trump. What are the new policies about expedited removal? How do I know if they affect me?

As of January 23, 2025, the government says many people who did not enter the U.S. with a visa and who cannot prove they have been in the US for more than two years can be put in the expedited removal process. People who go to official ports of entry and ask to enter the United States can also still be put in expedited removal. 

If you entered the US without a visa or other legal permission within the last two years, you might be placed in expedited removal. As of January 23, 2025, the US government has said that it will try to put people in expedited removal even if they entered the US with parole. As far as we understand, the government has now told US immigration officials to review the parole of people who entered under certain parole programs and decide if they can be put into expedited removal. 

The government has said this applies to people who entered with CBP One appointments, as well as to people who received parole as a Cuban, Haitian, Nicaraguan, or Venezuelan national. It may apply to other people too. 

For people in this situation who have an asylum case already in front of an immigration court, the US government may try to end their cases in court and put them in expedited removal instead. The government says they want to use this policy the most against people who entered with parole a year or more ago and who have not applied for asylum yet. 

In March 2025, the government released some further details. Specifically, a new policy tells immigration officers that when they do ICE check-in appointments, they can put the following groups of people into expedited removal or in a removal case in immigration court, if they have not filed an asylum application: 

1. People who entered the US without permission but were released by immigration officials at the border to enter the US, no matter how long ago they entered the US
   
   
2. People who entered the US and were given “parole with conditions” or “parole + alternatives to detention” 
   
   
3. People who were given a “notice to report” by immigration officers at the border. 

If you are put into expedited removal or a case is opened in immigration court, your parole automatically ends.

What changed? Why do these changes matter?

Before these changes, people already inside the US could only be put in expedited removal if they were caught by the US government within 100 miles of a US border and within 14 days of entering the country.  

Now, if you entered the US without a visa or other legal permission within the last two years or if you fall into one of the groups discussed above, you can be placed in expedited removal. It does not matter how far you are from the border. This means many more people within the United States can now be placed in expedited removal.

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 US?

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 US. If you are in expedited removal, you can’t apply for asylum until the US government has decided you are allowed to do so.

How can I ask the US government to let me apply for asylum?

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

However, it is really 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 US 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 US 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 US 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 US. It is very important that you tell the truth in any interview with a US 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 can find more information about these interviews here.

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 US 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 US immigration officials about your fear of returning to your home country, or you do not receive a positive credible or reasonable fear interview decision, US 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 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 US 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 US:
  • Evidence of your legal status, such as paperwork that shows your immigration or citizenship status
• 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