A federal appeals court concurred with the U.S. government’s use of expedited removals. According to NPR, the court also allowed initiating expedited removals anywhere in the U.S. This ruling helps the government streamline removal operations.
Background
Expedited removal lets the government deport someone without first bringing them before an immigration judge. For years it reached only a narrow group, mainly people stopped at or near the border. In January 2025, the Department of Homeland Security (DHS) issued a new designation extending the process to the full extent the statute allows: any undocumented person, encountered anywhere in the U.S., who cannot show they have been continuously present in the country for at least two years. People who can prove two years of continuous presence remain exempt.
Litigation
The change lets immigration agents detain migrants at courthouses and remove them from the country in a matter of days. Immigrants’ Rights Groups sued the government over this policy change. The government appealed the decision after the initial court sided with the plaintiffs.
The appeals court ruled that initiating streamlined removal procedures across the country isn’t unlawful. The court found that due process does not require immigration officers to advise people of the two-year continuous presence defense, notice of the government’s action and a chance to be heard is enough; the government need not explain how a person might defeat removal.
The appeals court ruled that initiating streamlined removal procedures across the country isn’t unlawful. Immigration authorities gave ample notification and response time to individuals slated for removal. Additionally, prior notification isn’t needed for undocumented migrants in the U.S. for more than two years.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.