A federal appeals court has cleared the way for the government to apply expedited removal anywhere in the United States, not only near the border. The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 to reverse a lower court order that had blocked the expanded policy since last summer, meaning DHS can now move forward with fast-track deportations nationwide for people who cannot show they qualify for an exception.
Expedited removal allows immigration officers to order someone deported without a hearing before an immigration judge. It was historically limited to people encountered at or near the border shortly after crossing. Since January 2026, the policy has applied to any undocumented individual anywhere in the country, with one key exception: someone who has been continuously present in the United States for more than two years is entitled to a hearing rather than expedited removal.
The catch is that the burden falls on the individual to prove that continuous presence. The appeals court’s majority acknowledged that some people have been wrongly subjected to expedited removal despite having lived in the United States for well over two years, but concluded that these were errors by individual officers rather than a flaw in the policy itself. The dissenting judge disagreed, writing that the government’s procedures do not give people a meaningful opportunity to demonstrate their two years of presence before being removed.
For anyone without lawful status, this ruling raises the practical stakes of being able to document how long they have been in the country. Because expedited removal can happen quickly and without a court appearance, there may be little time to gather proof once an encounter with immigration officers begins. Evidence such as leases, utility bills, pay stubs, school records, medical records, or tax filings that show a consistent presence in the United States going back more than two years can matter a great deal in this situation.
The practical guidance coming out of this ruling is straightforward: keep copies of documents that establish how long you have been in the country, and keep them somewhere accessible, including at home, at work, and in a vehicle, rather than only in one place. This is not legal protection on its own, but it can be the difference between being able to assert the two-year exception and not having anything on hand to show it.
Frequently Asked Questions
What did the appeals court actually decide?
The D.C. Circuit ruled 2-1 to allow DHS to resume applying expedited removal nationwide, reversing a lower court order that had blocked the expanded policy.
What is expedited removal?
It is a process that allows immigration officers to order someone deported without a hearing before an immigration judge. It was historically used mainly near the border for recent arrivals.
Is there any exception to expedited removal?
Yes. Someone who has been continuously present in the United States for more than two years is entitled to a hearing before an immigration judge rather than expedited removal, but the burden is on the individual to prove that presence.
What kind of documents can help prove continuous presence?
Leases, utility bills, pay stubs, school records, medical records, and tax filings can all help establish a consistent presence in the United States over time.
What should someone without documentation do to prepare?
Keep copies of documents proving time in the United States in more than one place, such as at home, at work, and in a vehicle, so they are accessible if needed quickly.
If you or someone you know has questions about expedited removal, proof of continuous presence, or other removal defense matters, our attorneys are available to help.
If you or your family members have questions about how this ruling or other immigration and nationality matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.