On January 20, 2025, DHS acting director signed a memorandum entitled Exercising Appropriate Discretion Under Parole Authority. That memorandum clarifies DHS’s position regarding the scope of the parole statute, 8 U.S.C. § 1182( d)(5), and directs a variety of actions to implement the memorandum. The memorandum also authorizes DHS components to pause, modify, or terminate, effective immediately, any parole program that is inconsistent with the memorandum-subject to certain conditions designed to ensure any such actions are lawful.
In other terms, this memorandum outlines new policies that expand the use of expedited removal, a fast-track process for deporting certain immigrants who have not been continuously present in the U.S. for two years. It also provides instructions to immigration officials on how to apply these policies, emphasizing their discretion in deciding individual cases. Here’s what it means for those who may be affected:
Below, we provide an explanation of expedited removal and its potential impact. The article also discusses former President Trump’s attempts to expand expedited removal in January 2025. Key information includes:
- An overview of the expedited removal process
- Eligibility criteria for expedited removal
- The steps involved in the expedited removal process·
- Options for individuals seeking to avoid expedited removal and remain in the United States
Categories of enforcement actions:
- Targeted house arrests (mostly ATD in proceedings + any additional people they find)
- Pre-planned contact with ICE – check-ins, EOIR, getting called in to fix GPS monitor
- Mass Raids – party (CO), worksite (KY, GA)
- Menacing – check-points & parking lots
- Other – state courts, etc
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 long been used to quickly deport people who entered the US without permission and came in contact with US immigration officers 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 ever having a chance to present your case in court. Once the order is entered, you can be removed to your country of citizenship. For some nationalities, you can also be removed to another country, like Mexico.
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 21, 2025, the government says people who did not have permission to enter the US with parole or 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 at the US land border and ask to enter the United States can also be put in expedited removal. We explain what this means below.
As of January 23, 2025, there are credible reports that the US government will try to put people in expedited removal even if they entered the US with parole. These reports say that the government will try to end cases against people who entered with parole in immigration court and put them in expedited removal instead. This applies to people who entered with CBP One appointments and with parole for Cuban, Haitian, Nicaraguan, and Venezuelan nationals. It may apply to other people too. The government says they want to use this policy most against people who entered with parole a year or more ago and who have not applied for asylum yet.
How do I know if the new policy affects me?
If you entered the US without a visa or other legal permission within the last two years, you might be placed in expedited removal. You can also be put in expedited removal if you go to an official border entry point and ask to enter the United States.
Even if you entered with parole, the US government is arguing that you can be placed in expedited removal.
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 the 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, 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.
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.
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. 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.
- 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.
