What expedited removal means: Can you be deported without seeing a judge?

In 2025, an immigrant in the United States can be detained by ICE and deported in less than 24–48 hours without ever seeing an immigration judge. This is the direct result of the January 20, 2025 executive order that dramatically expanded the use of “expedited removal” nationwide.

For the first time in U.S. history, expedited removal is no longer limited to border zones or recent arrivals. It now applies anywhere in the United States to anyone who cannot prove two full years of continuous residence.

At Law Group International, we know how stressful and confusing these changes are for immigrant families. This guide explains what expedited removal is, how the policy changed in 2025, who is at risk, what documents can protect you, and what steps you can take right now to stay safe.

What Is Expedited Removal?

Expedited removal is a fast-track deportation process created by Congress that allows ICE or CBP officers to deport certain noncitizens without a hearing before an immigration judge.

In plain terms:

Expedited removal allows ICE or CBP to detain and deport a person within 24–48 hours, with no court date, no judge, and extremely limited access to legal help.

Key characteristics

No Notice to Appear (NTA)
No immigration judge
No right to present evidence or defenses
No chance to apply for most immigration benefits
Only exception: claiming credible fear for asylum screening

Regular Removal vs. Expedited Removal

Regular Removal Process	Expedited Removal
Notice to Appear (NTA) issued	Immediate processing by ICE/CBP
Immigration judge hearing	No judge hearing
Right to attorney representation	Very limited access to attorneys
Can take months or years	24–48 hours
Opportunity to apply for relief	Only credible fear screening
Can present evidence	No defense presentation

How Expedited Removal Changed in 2025

Previous Policy Limitations (Before January 2025)

Before 2025, expedited removal was limited in very specific ways:

Applied only within 100 miles of the border
Only for people encountered within 14 days of entering the U.S.
Many areas were considered “sensitive locations,” including schools, churches, and hospitals
ICE needed to prove the person recently entered without inspection

Under these limitations, millions of immigrants inside the U.S. were not eligible for expedited removal.

New Trump Administration Policy (January 20, 2025)

On January 20, 2025, a new executive order removed all major restrictions. The policy now allows ICE to apply expedited removal to nearly anyone in the country.

The order made three critical changes:

Nationwide Expansion
Expedited removal now applies anywhere in the United States, not just border zones.
Elimination of the 14-Day Rule
ICE no longer has to prove you entered recently. The 14-day entry window has been removed.
Two-Year Proof Requirement
Immigrants must prove two full years of continuous physical presence to avoid expedited removal.

Why this matters

This change immediately put millions of immigrants at risk, including visa overstays, undocumented immigrants who have lived in the U.S. for months, and people with pending applications.

Who Is at Risk of Expedited Removal in 2025?

High-Risk Groups for Expedited Removal

Undocumented immigrants who entered without inspection
If you cannot prove two years of residence, ICE can use expedited removal anywhere in the U.S.

Visa overstays
If your visa expired and you stayed, you are subject to expedited removal unless you have two years of documented residence.

People with less than two years of physical presence
Even if you’ve lived in the U.S. for 1 year and 11 months, you are at risk.

Those with prior deportation orders
ICE may use expedited procedures to remove you quickly.

People who reentered after deportation
These individuals may face reinstatement, which is also fast-track removal.

People with pending immigration applications
Having a pending case does not protect you from expedited removal unless you can show two years of residence.

What Documents Prove 2 Years of Continuous Residence?

To avoid expedited removal, you must show documented proof that you have been inside the U.S. for 24 consecutive months.

Examples include:

Lease agreements or mortgage statements covering 2+ years
Utility bills (electricity, gas, water) from the last 24+ months
Bank statements showing your U.S. address during that period
Employment records (pay stubs, W-2s, tax returns)
School records for you or your children
Medical records with dates
Receipts or official mail showing continuous presence

Even brief trips abroad may break the two-year requirement.

Expedited Removal: Frequently Asked Questions

Can expedited removal happen without any warning?

Yes. ICE can detain and deport a person within 24–48 hours with no advance notice, no court hearing, and no NTA. The process moves extremely fast.

What happens if I claim fear of returning to my country?

You will be sent to a credible fear screening with an asylum officer. If you pass, your case goes to immigration court. If you fail, deportation continues.

Can I have a lawyer during expedited removal?

You may contact an attorney, but ICE is not required to wait for your lawyer or delay deportation. Most removals occur too quickly for legal intervention.

Does expedited removal apply to people with pending immigration applications?

Yes. A pending asylum application, adjustment application, or work permit renewal does not protect you unless you have two years of documented residence.

What is the 2-year continuous residence requirement?

You must show you have lived in the U.S. for at least 24 months before the ICE encounter. Documents must prove uninterrupted residence.

Can U.S. citizens or green card holders be subject to expedited removal?

No. But USCIS has documented multiple mistaken detentions in 2025. Carry proof of status at all times.

How fast does expedited removal happen?

Mexican nationals: often 24–48 hours
Others: 3–7 days
There is no waiting period and no hearing.

What happens to my property and family if I am deported through expedited removal?

You will likely not have time to arrange childcare, finances, or belongings. You must prepare an emergency plan in advance.

How to Protect Yourself from Expedited Removal

Step 1: Gather and Organize Proof of Residence Now

Collect leases, utility bills, and bank statements from last 24+ months
Make paper and digital copies
Organize documents in chronological order
Store copies with a trusted family member or attorney
Keep a small packet of documents with you at all times
Highlight or underline dates clearly

Step 2: Create a Family Emergency Plan

Designate Emergency Contacts

Choose a trusted adult for childcare
Provide written authorization (preferably notarized)

Financial Planning

Give someone power of attorney
Ensure someone can access bank accounts and pay bills

Legal Preparation

Save contact information for an immigration attorney
Carry a “Know Your Rights” card
Teach family members how to respond to ICE

Children’s Preparation

Update school emergency contacts
Teach children emergency phone numbers
Ensure they know not to answer immigration questions

Step 3: Know Your Rights During ICE Encounters

Do	Don’t
Ask, “Am I free to leave?”	Open the door without a warrant
Say, “I want to speak to my lawyer.”	Answer questions about status
Ask to see a judge-signed warrant	Sign documents you don’t understand
Remain silent	Lie or present fake documents
Document the encounter	Physically resist
Show valid proof of residence	Show fraudulent documents

Step 4: When to Consult an Immigration Attorney

You should consult an attorney immediately if:

You have less than two years of documented residence
You have a pending immigration case
You’ve had contact with police
You have a prior deportation order
You received an NTA
You work in a high-risk industry (construction, agriculture, restaurants)

Law Group International represents clients across the U.S. facing expedited removal and deportation. Our attorneys can evaluate your risks, guide you through document preparation, and build legal strategies to protect your family.

Expedited Removal Statistics and Data (2025)

Metric	2024 (Biden)	2025 (Trump)	% Change
Expedited removals (monthly avg.)	15,000	42,000	+180%
Average time to deportation	45 days	2 days	-95%
Geographic coverage	100-mile border zone	Entire U.S.	National
ICE detention population	39,000	66,000	+69%
Arrests without criminal record	42%	59%	+17 pts