Introduction
Immediately after his inauguration, President Trump began introducing sweeping changes to U.S. immigration policy. One major change took place on January 21st, 2025, when the Trump administration broadened expedited removal for noncitizens. Expedited removal is a process that allows U.S. Customs and Border Protection (CBP) officials to rapidly deport noncitizens who are undocumented or who have committed misrepresentation or fraud. Under expedited removal processes, noncitizens are deported in a single day without an immigration court hearing or other appearance before a judge.
Prior to Donald Trump’s second term, immigration officers were permitted to utilize the expedited removal process on undocumented immigrants that were captured by officers within 100 miles of U.S borders, as well as those who had resided in the U.S for less than two weeks. However, under the new expanded policy, any undocumented immigrant in the United States who cannot provide proof of their legal presence in the U.S for more than two years will be subject to expedited removal.
There are exceptions to expedited removal, including for individuals who express an intention to apply for asylum, fear returning to their country of origin, or fear of torture or prosecution. In such cases, immigration officers will not remove the individual until they are interviewed by an asylum officer.
History of Expedited Removal in the U.S.
Expedited removal has had a long history in the United States. It was first introduced in 1996 as part of the Illegal Immigration Reform and Immigrant Responsibility Act. This legislation was enacted with the goal of strengthening U.S immigration control policies, and imposed criminal penalties on individuals who utilize false documentation, engage in racketeering, or participate in smuggling. In addition to introducing expedited removal, the Act also mandated a new intervention for those seeking asylum: credible fear interviews. Credible fear interviews are a process whereby a trained asylum officer within the U.S. Citizenship and Immigration Services determines if an individual has a credible fear of persecution or torture if they return to their home country.
Originally, the policy of expedited removal was only enforced for noncitizens who arrived in the U.S. via a port of entry. However, in 2002, the policy was expanded to apply to noncitizens who entered by sea without inspection by government officers. It was expanded again two years later to include noncitizens who crossed any land border without inspection, and noncitizens who are found within 100 miles of a U.S. border during the first two weeks of their stay in the U.S.
This application of expedited removal remained consistent for over a decade, until President Trump issued an executive order in 2017 that expanded application to all noncitizens in the U.S. and directed the Department of Homeland Security (DHS) to implement new regulations to speed up the removal process. This included conducting credible fear interviews via telephone, which hastened deportations if an asylum seeker’s fears were found incredible. While the Biden administration rescinded this order in 2022, President Trump’s memo to DHS on January 21st reinstated the policies of his first term.
Arguments in Favor
A key argument in favor of expedited removal is that it helps reduce court backlogs. By utilizing expedited removal, fewer immigration cases reach the courts, thereby easing the burden on an overwhelmed immigration court system. At the beginning of 2017, the number of cases pending in U.S. immigration courts was around 534,000, and that number has since increased, reaching 3.6 million cases by the end of 2024. Supporters argue that expedited removal alleviates pressure on immigration courts by streamlining the deportation process.
Proponents also argue that expedited removal deters illegal immigration. In 2016, about 267,746 illegal immigrants were apprehended by DHS while trying to cross into the United States, compared to 140,024 in 2017. Supporters attribute this drop to the idea that the quick deportations under Trump’s first-term expedited removal policies discouraged other migrants from attempting to cross the border.
Third, advocates highlight the reduction in court costs associated with expedited removal. Because expedited removal bypasses lengthy court proceedings, fewer cases reach immigration courts, resulting in lower expenditures on DHS lawyers, court staff, and detention bed space. As a result, the funds that would be used on these immigration cases can be redirected to other resources and services.
Arguments against
One key argument against expedited removal is the matter of family separation. Historically, family unity has been a guiding principle in U.S. immigration policy. Many families in the U.S have mixed legal statuses, meaning some family members may be subject to expedited removal, while others may not. With the current administration’s expansion of expedited removal, family separation is likely to increase, impacting mixed-status families. Opponents argue that this is not only unjust, but also contrary to the principles of the U.S. immigration law.
In addition to family separation, critics point to instances where entire families – including vulnerable members such as elderly grandparents and young children – are detained through expedited removal policies. In 2019, 69 mothers detained with their children in South Texas wrote an open letter to Immigrations and Customs Enforcement (ICE) highlighting the severe physical and psychological effects of detention on their children as they waited for their credible fear interviews. In previous administrations, even infants were subjected to expedited removal along with their mothers who were attempting to seek asylum.
Critics of expedited removal also argue that it violates the Fifth Amendment’s due process clause. Under other immigration policies, individuals facing deportation are entitled to a full immigration court hearing. In these hearings, the individual can present evidence, call witnesses, and have legal representation. Afterward, an immigration judge will evaluate the case and may provide an opportunity for appeal. Because expedited removal bypasses formal court proceedings, immigrants facing deportation are not given the opportunity to speak to an attorney or have their case reviewed by a judge. Opponents argue that this increases the risk of mistakenly detaining or deporting individuals who may have legal status.
Finally, critics argue that the expansion of expedited removal fosters fear and mistrust within immigrant communities. As a result, individuals may be less inclined to seek out assistance or report crimes to authorities due to fear of being detained and deported.
Future Prospects
The debate surrounding expedited removal reflects a broader conversation about immigration reform in the United States. Supporters emphasize the efficiency, cost savings, and deterrent effects of expedited removal, while critics stress the risks of family separation, lack of due process, and increased fear and mistrust within immigrant communities. Given the Trump administration’s recent renewal of its first-term expedited removal policies, it is likely that the number of immigrants deported via expedited removal will increase over the next four years. Immigration policy remains divisive, so it is likely for the Trump administration’s expedited removal policies to face continued debate.
