The latest Trump Executive Order on Border Security makes some significant changes on Expedited Removal and who will be subject to this Administrative Procedure. Expedited Removal is a procedure that allows Department of Homeland Security to summarily remove or deport an undocumented individual without a hearing before an Immigration Judge. This type of procedure can be applied to any person who is apprehended at a port of entry with no valid documents, or false documents; and also to any person who is apprehended somewhere other than a port of entry, who is inadmissible because of misrepresentations or has not been lawfully admitted, and cannot show he or she has been continuously present in the United States for two or more years. Under the Obama administration, the use of expedited removal was limited and only applied for individuals who arrive at a port of entry, or individuals apprehended within 14 days of their arrival and within 100 miles of an international border.
Trump’s latest Executive Order on Border Security expands those individuals who can be subject to expedited removal to any individual who entered the U.S. without legal documents, who cannot show continuous presence in the United States for two or more years. This Expansion has not taken effect yet, and Secretary of Homeland Security John Kelly stated he was going to publish a notice in the Federal Register to designate who would be subject to the Expedited Removal provision. If use of Expedited Removal is expanded to the fullest extent of the law- then it could be applied to anyone without proper documentation to enter, no matter where they were apprehended, and cannot show two years or more of continuous presence in the United States prior to the date of the Expedited Removal.
The number of people who will be effected by this expanded use of Expedited Removal will depend on how Secretary Kelly plans to implement the expansion. This raises a number of questions – how will individuals be able to prove their continuous presence for two years prior to apprehension? Do these individuals need to carry documentation with them? Can the determination of less than two years of continuous presence be challenged? Certainly persons taken into custody for Expedited Removal or should contact an experienced immigration lawyer as soon as possible. Expedited Removal Orders may be subject to Administrative review.