Immigration and Customs Enforcement (ICE) officers in the United States are now authorized to arrest and deport undocumented immigrants nationwide, placing them in expedited removal. The Trump administration’s new policy, effective as of January 21, 2025, is scheduled to be published in the Federal Register on January 24, 2025, and allows the deportation of undocumented immigrants who have been in the U.S. for less than two years, even if they are arrested anywhere in the country.
This policy was initially implemented by the Trump administration on July 23, 2019, but was reversed by the Biden administration on March 21, 2022. Under the Biden administration, expedited deportation was restricted to individuals apprehended within 100 miles of the border who had been in the U.S. for less than two weeks.
The new policy reverses the Biden administration’s 2022 decision, restoring the Trump administration’s July 23, 2019, policy. As a result, any undocumented individual arrested anywhere in the U.S. who cannot prove they have been in the country for at least two years can be placed in expedited removal.
The Department of Homeland Security (DHS) confirmed the reinstatement of broader expedited removal procedures, effective as of 6:00 p.m. EST on January 21, 2025.
Under the revised rules, DHS can apply expedited removal to a wider range of individuals who are deemed inadmissible under the Immigration and Nationality Act (INA). This includes non-citizens who have not been admitted or paroled into the U.S. and cannot prove they have been in the country for at least two years.
The reinstated policy expands DHS’s authority to remove certain non-citizens without a court hearing. This applies to individuals who did not arrive by sea and meet specific criteria: those apprehended anywhere in the U.S. more than 100 air miles from an international land border and have been in the U.S. for less than two years, as well as those apprehended within 100 air miles of a U.S. international land border who have been in the country for at least 14 days but less than two years.
DHS has stated that the restored policy aims to enhance national security, improve public safety, and reduce government costs by streamlining immigration enforcement. The agency emphasized that the revised policy would allow for faster determinations and removals of individuals found inadmissible under U.S. immigration laws.
“This action enables DHS to more effectively address the large volume of individuals unlawfully present in the U.S. without having been admitted or paroled,” the notice reads.
The policy took effect immediately, without public notice or comment, citing statutory authority that allows the Secretary to modify expedited removal procedures at their discretion. The agency also referenced legal rulings affirming the Secretary’s authority to enact such changes without standard rulemaking procedures.
Critics argue that the expansion of expedited removal raises due process concerns, as affected individuals may have limited opportunities to present their cases before an immigration judge. The policy was challenged in court after its initial implementation in 2019.