Expedited removal

Expedited removal is a procedure created by Congress in 1996 that lets immigration officers order the removal of certain noncitizens who are found inadmissible for lacking valid documents or for fraud, without a hearing before an immigration judge or appeal. It was historically applied only to people arriving at ports of entry and those found within 100 miles of the border within 14 days of arrival.

If a person says that he or she fears persecution or torture, the officer must refer them for a credible fear interview, and if the person claims to be a citizen, permanent resident, refugee or asylee, there are procedures to review that. In January 2025, the Trump administration expanded its use to anyone in the country for up to two years who cannot prove they have been present continuously, a move challenged in federal court; a judge blocked the expansion in 2025.

Supporters argue that expedited removal speeds enforcement, reduces the burden on courts and acts as a deterrent, especially with immigration court backlogs of millions of cases. Critics argue that it risks wrongful deportation of people with valid claims, including asylum seekers and U.S. citizens, and raises due-process concerns, since the person may not have a lawyer or time to gather evidence. Compare catch and release.