What Is Expedited Removal: Trump's Best Bet to Accomplish His Deportation Plans and How to Fight It

As President-elect Donald Trump prepares to assume office, his administration is poised to implement aggressive immigration enforcement strategies.

Legal experts say that central to these plans could be the legal figure of expedited removal. This process allows for the swift deportation of certain noncitizens without a hearing before an immigration judge.

Understanding Expedited Removal

According to the American Immigration Council, expedited removal is a procedure established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It permits immigration officers to summarily deport noncitizens deemed inadmissible due to fraud, misrepresentation, or lack of valid entry documents.

Initially, this process was applied to individuals arriving at ports of entry without proper documentation. However, "its scope has expanded over time. In 2004, the Department of Homeland Security (DHS) extended expedited removal to individuals apprehended within 100 miles of the U.S. border who could not prove continuous presence there for at least 14 days," say the experts.

In 2019, the Trump administration broadened its application to include individuals anywhere in the U.S. who cannot demonstrate continuous presence for two years.

The president-elect and his appointed (not yet confirmed) officials have emphasized expedited removal as a cornerstone of its immigration enforcement strategy. By bypassing immigration court proceedings, this process enables the rapid deportation of individuals, thereby reducing the backlog in immigration courts and deterring unauthorized entry.

In the first nine months of 2024, DHS reported over 700,000 removals and returns, marking the highest number since 2010. This surge is attributed in part to the increased use of expedited removal.

Legal Implications and Concerns

While expedited removal facilitates swift deportations, it raises significant due process concerns. Individuals subject to this process are not entitled to a hearing before an immigration judge or access to legal representation. This lack of procedural safeguards has led to instances where U.S. citizens and lawful permanent residents have been wrongfully removed. A report by the American Immigration Council highlights cases where individuals with valid claims were deported without proper review.

Immigration attorney Dyan Williams notes, "The expedited removal process is fraught with risks of erroneous deportations due to its summary nature and limited oversight."

How to challenge expedited removal

Despite its swift nature, there are avenues to challenge expedited removal orders:

1. Asserting a Fear of Persecution: Individuals who express a credible fear of persecution or torture if returned to their home country are entitled to a credible fear interview with an asylum officer. If the officer determines that the fear is credible, the individual may be referred to an immigration judge for a full hearing.
2. Seeking Legal Counsel: Although the expedited removal process does not guarantee access to an attorney, individuals can seek legal assistance to challenge the order. Attorneys can help identify procedural errors or violations of rights that may serve as grounds for appeal.
3. Filing a Habeas Corpus Petition: In certain circumstances, individuals may file a habeas corpus petition in federal court to challenge the legality of their detention and removal. However, judicial review of expedited removal orders is highly limited.