Understanding the Expansion of Expedited Removal: How to Protect Yourself with Physical Presence Evidence

The U.S. Department of Homeland Security (DHS) has announced a major expansion of the use of "expedited removal." This change primarily impacts individuals who are not lawfully present in the United States.

Below, I will summarize the key points of this policy change and guide you on how to gather and maintain essential documentation of your physical presence in the U.S.

What is Expedited Removal?

Expedited removal has existed for decades. It is a process by which ordinary immigration officers can deport individuals from the United States without the opportunity to seek a bond or relief from removal from an immigration judge.

Previously, expedited removal was used to quickly remove individuals caught entering the United States without authorization at or near the U.S. border. This announcement expands the use of expedited removal from the border to the interior of the country.

This expansion will naturally generate significant anxiety, especially for individuals who currently do not have lawful presence in the United States and their U.S. citizen family members.

Importantly, expedited removal does not apply to individuals who have been physically present in the United States for over 2 years.

Why Evidence of Physical Presence is Vital

The responsibility now lies with individuals to prove they are not subject to expedited removal.

Individuals with lawful status should carry their original documents proving that status (such as a permanent resident card or an I-94).

Those without lawful status should gather documentation of their presence in the United States for the last two years. If you are concerned that you may be subject to expedited removal, you should make a file documenting your time in the country and keep it up to date.

Everyone's documents will be different, but this list is a good place to start.

• Lease agreements showing your residential history

• Utility bills in your name, indicating service at specific addresses

  
  

• Tax returns or financial documents reflecting your activities and whereabouts

  
  

• School records for you or your children attending school in the U.S. (if you are listed as your child's custodial parent)

  
  

• Medical records documenting visits to healthcare providers

  
  

• Affidavits from friends or family members confirming your presence and activities during the past two years

  
  

Having this evidence quickly available can give you peace of mind that if you are detained by an immigration officer, you will be able to defend yourself against expedited removal.

Update Your Evidence Monthly

Keeping your evidence updated is as important as gathering it in the first place. I recommend checking and improving your documentation monthly. Here are some practical steps to maintain strong evidence.

1. Create a dedicated folder for all essential documents.

   
   

2. Regularly collect and file new evidence, such as monthly utility bills, pay stubs, or medical receipts.

   
   

To enhance your organization, consider these additional suggestions:

• Set a reminder each month on your calendar to review and organize your folder.

  
  

• Create and update a list of significant changes in your life, such as new addresses or job changes. Try to go back 5 years, if possible.

  
  

• Digitally backup your vital documents.

  
  

Being proactive about your documentation can make a huge difference if you encounter legal issues regarding your immigration status.

If You Encounter an ICE Officer

You do not have to "show you papers" to a police officer or an immigration officer. However, if you have legal status in the United States, you are not subject to expedited removal. Showing evidence of your status (such as a permanent resident card, valid I-94, or immigration court order) may prevent you from being detained.

Decide whether you want to keep your evidence of physical presence with you or at home. Currently, it appears ICE will allow a family member or friend to deliver evidence of physical presence on behalf of someone who is detained and facing a possible expedited removal.

You should never lie about your immigration status or provide fake documents.

Seek Professional Guidance

While gathering evidence is crucial, understanding the complexities of U.S. immigration laws can be challenging. Each situation is unique, and the implications of the expedited removal policy can vary.

If you are unsure about your circumstances, I highly encourage you to seek professional help. Consulting with an immigration lawyer can provide valuable clarity tailored to your needs. They can help assess your situation, review your documents, and represent you if necessary.

You can empower yourself and your family during this uncertain time by becoming informed about changes to the U.S. immigration law and policy and preparing for potential encounters with immigration enforcement officers.

Stay Proactive and Prepared

Changes to the expedited removal policy present new challenges for those who are not lawfully present in the United States. Understanding your rights and the new responsibilities that come with these changes is essential.

In the midst of many changes, it is important to seek out reliable sources of information, collect and maintain your documentation, and seek assistance when necessary. Together, we can work toward securing peace of mind in these uncertain times.

Stay safe and informed.

This article is for general informational purposes only and should not be interpreted as legal advice.