Message from Dayna Wheatley and Tri-An Tran-Nguyen
In our blog regarding President Trump’s Executive Orders dated January 20, 2025, we discussed expedited removal. However, on Tuesday, January 21, 2025, the Trump administration expanded the expedited removal process. Traditionally, the law allowed the government to quickly deport undocumented immigrants without a hearing (1) who were arrested/detained within one hundred (100) miles of an international border or U.S. port of entry and (2) who were present in the country for less than two weeks. Under expedited removal, these undocumented immigrants who did not timely request asylum or failed to establish an asylum case could be deported without any hearing before an immigration court.
This most recent change from the Department of Homeland Security (DHS) allows the government to deport all undocumented immigrants without a hearing anywhere within the United States if these persons are arrested/detained and cannot prove that they have been present in the country for longer than two years.
This change greatly expands the policy of expedited removal. Instead of detaining undocumented immigrants within 100 miles of a border or port of entry, U.S. authorities like ICE or CBP now have the authority to act anywhere within the United States. No sanctuary city is immune from this expansion of expedited removal. Instead of targeting immigrants arriving illegally within the past two weeks, U.S. authorities now have the authority to target undocumented immigrants who have been present within the past two years.
The Trump administration has done this before; in his first term, President Trump expanded expedited removal in 2019, and the policy was challenged in federal court for months before it was ultimately rescinded by President Biden’s administration. The ACLU and other immigrant organizations filed a lawsuit on January 22, 2025, so there is still some hope that the practice will be overturned by a higher court.
What You Can Do
If you entered the United States illegally, are undocumented, and have been present for TWO years or less:
- If you were threatened or harmed in your home country and are afraid to return, consult with an immigration attorney about filing for asylum.
- If you are detained by ICE and are afraid to return home, make sure you tell ICE this and ask for a reasonable fear interview. ICE should then refer your case to an asylum officer to determine whether you meet the requirements for asylum or withholding of removal.
- If you have been the victim of a violent crime and reported it to the police, consult with an immigration attorney about whether you qualify for U status.
- If you have married a U.S. citizen or permanent resident, consult with an immigration attorney about family-based permanent residence.
The sooner you file for any immigration status you are entitled to, the better!
If you entered the United States illegally, are undocumented, and have been present for more than TWO years:
- Please have a copy of evidence, that you have been present here in this country for more than two years, on your person AT ALL TIMES.
- Compile evidence of your physical presence for each year and take pictures of it on your phone.
- You should also put copies of this evidence in your vehicle glove compartment and with your loved ones.
- Examples of your physical presence include, but are not limited to:
- Government certificates (birth of children listing you as a parent, marriage certificate, divorce certificates);
- Medical records; or
- Receipts with your name on them.
We will share with you updates as we receive them.
If you have questions about this message, please schedule a consultation.
Feel free to call my office at (504) 784-6803 for help, if needed.