Federal Judge Allows Expanded Use of Expedited Removal

On June 23^rd, the US Circuit Court of Appeals affirmed the Trump administration’s  power to expand their use of expedited removal. Expedited removal is a fast-track procedure that allows DHS officials to deport non-citizens without requiring an immigration court hearing if they have been in the U.S. for less than two years. It previously applied to migrants caught within 100 miles of a U.S. border, however, since January 2026, this policy has been used to detain undocumented individuals throughout the United States. According to the court, this practice does not violate immigrants’ due process rights because individuals are given notice of removal proceedings and a chance to respond prior to removal.

This ruling unfortunately allows the Trump administration to continue this expanded implementation of expedited removal. Under this new ruling, individuals are now required to confirm their immigration status or prove that they have lived in the United States for at least two consecutive years in order to avoid expedited removal.

For your safety, we recommend carrying proof that you have lived in United States for at least two years if you are here without legal status.

Court orders like this can be difficult to navigate, but the attorneys at Bennett & Harker are here to help. Please contact us if you or a loved one is interested in scheduling an in-person or virtual consultation.