The Expedited Removal Process: Who Is at Risk

Expedited removal is one of the most powerful tools in the U.S. immigration system. It allows the government to bypass the standard court process and deport certain individuals almost immediately.

At Aftalion Law Group, we believe that understanding your rights is the first line of defense. Below is a breakdown of how this fast-track deportation works and who is most vulnerable under current 2026 enforcement policies.

Key Fact: In expedited removal, an immigration officer—not a judge—makes the final decision. There is often no opportunity to see a lawyer or present a formal defense in court.

What Is Expedited Removal?

Normally, a person facing deportation has the right to a hearing before an Immigration Judge. However, expedited removal skips this step. It allows Customs and Border Protection (CBP) or Immigration and Customs Enforcement (ICE) to issue a removal order on the spot.

The Consequences

• Rapid Deportation: Removal can happen in as little as 24–48 hours.

• 5-Year Re-entry Bar: Most people deported this way are barred from returning to the U.S. for at least five years.

• No Appeal: In most cases, you cannot appeal an officer’s decision to a higher court.

Who is Most at Risk in 2026?

Following policy shifts in 2025 and 2026, the scope of expedited removal has expanded nationwide. Currently, you are at risk if you fall into these categories:

1. Recent Arrivals at the Border

Anyone apprehended at a Port of Entry (or within 100 miles of the border) without valid entry documents is the primary target for this process.

2. Individuals Anywhere in the U.S. (The 2-Year Rule)

Under current expanded rules, ICE can apply expedited removal anywhere in the country if:

• You entered without inspection (unlawfully).

• You cannot affirmatively prove you have been physically present in the U.S. for at least two continuous years.

3. Former Parolees

If you entered via a parole program (such as the CHNV programs terminated in late 2025) and your status has been revoked, you may now be subject to expedited removal if you have been here less than two years.

Critical Exceptions: Who Cannot Be Fast-Tracked?

Not everyone is eligible for this summary process. You should not be placed in expedited removal if you are:

• A U.S. Citizen or Lawful Permanent Resident (Green Card Holder).

• A Visa Overstayer: If you entered legally with a visa but it expired, you are generally entitled to a full court hearing.

• An Unaccompanied Child: Minors traveling alone have specific legal protections.

• A Long-Term Resident: Those who can prove they have lived in the U.S. for more than two years.

How to Protect Yourself: Your “Proof of Presence” Toolkit

Because the burden of proof is on you to show you have been here for two years, we recommend carrying copies (not originals) of the following:

• Signed Leases or Utility Bills

• Bank Statements or Pay Stubs

• Church, School, or Medical Records

• Mail with clear postmarks

What to Do If Detained: The “Credible Fear” Claim

The only way to stop an expedited removal order once it begins is to express a fear of return to your home country.

1. State your fear immediately: Tell the officer you are afraid of being hurt or killed if sent back.

2. Request an Asylum Officer: You are entitled to a “Credible Fear Interview” (CFI).

3. The Result: If you pass the CFI, your expedited removal is paused, and your case is moved to a standard immigration court where you can fight for asylum.

How Aftalion Law Group Can Help

At Aftalion Law Group, we provide guidance and advocacy for individuals facing expedited removal. Our team can help by:

• Assessing risk factors based on recent nationwide policies

• Explaining rights and procedural safeguards under federal law

• Preparing and submitting applications for relief, waivers, or credible fear evaluations

• Representing clients during interactions with immigration authorities

• Developing strategic approaches to minimize the impact of removal proceedings

Our focus is on helping clients understand how new policy developments may affect their situation and preparing them to respond effectively.