A Boutique Immigration Law Firm Serving the Bay Area

Expedited Removal Set to Expand

On July 22nd, the Trump administration announced it would be expanding fast-track deportation regulations. Under the expansion, undocumented immigrants who cannot prove they have been in the U.S. continuously for two years or more will be targeted for deportation.

With this latest change, the Department of Homeland Security (DHS) will now be able to deport certain immigrants faster without dealing with the due-process protections that are granted to most other people. Among those protections are the right to consult with an attorney and to have their case heard before a judge.

According to DHS, the new changes will “enhance national security and public safety,” as well as reduce government spending. DHS also said the revision will ensure that current regulations are being equally applied to undocumented immigrants who enter the country by land and sea.

Prior to the new changes, undocumented immigrants who come to the United States by land could be deported without an immigration hearing if they are detained within 100 miles of the border within the first 14 days after they arrive in the country. Undocumented immigrants who came by sea could be deported without legal proceedings if they can’t show proof that they have been living in the United States for two or more years.

However, the Trump administration’s new proposal will eliminate all geographical limitations and rapid removal proceedings would be applied to any undocumented immigrants who have been living in the United States for less than two years.

Under the policy, Customs and Border Protection officers will have the authority to determine if an undocumented person has been in the country for the amount of time necessary to initiate legal proceedings. As a result, undocumented immigrants will have to keep evidence that proves they’ve been in the U.S. for two years or more and keep it with them at all times. 

The ACLU's Immigrant Rights Project plans to challenge this new policy in court.

Do you have more questions about expedited removal? Give our lawyers at The Alagiri Immigration Law Firm (650) 931-2509 to request your consultation.