Understanding the Supreme Court's Ruling on Expedited Removal

Note: This article was originally published in February 2025. It has been updated to reflect the June 23, 2026 Supreme Court ruling in Make the Road New York v. Mullin.

In January 2025, the U.S. Department of Homeland Security (DHS) announced a major expansion of the use of "expedited removal." A lawsuit was immediately filed challenging the policy. The first court to hear the lawsuit paused the policy, so it has been inactive while the lawsuit progressed through the U.S. federal courts.

On June 23, 2026, the U.S. Supreme Court published a final decision in the case. Unfortunately, the Supreme Court disagreed with the first court and ruled the policy was legal.

This means the expanded use of expedited removal is now active.

Below, I will summarize the key points of this policy change. Importantly, I will explain how to gather and maintain essential documentation of your physical presence in the United States.

Who is affected?

Expanded expedited removal applies to individuals who:

• have been present in the United States for less than 2 years,

• entered without permission (meaning without being admitted or paroled), and

• are encountered by ICE anywhere in the United States.

Importantly, expedited removal does not apply to anyone who has been physically present in the United States for 2 years or more.

It does not apply to anyone who entered the country lawfully.

What is Expedited Removal?

Expedited removal allows ordinary immigration officers (ICE and CBP) to deport individuals from the United States. The process is very quick, and there is no hearing.

This means there is no chance to ask an immigration judge for (1) release from detention or (2) relief from deportation.

An expedited removal is a deportation. There are serious, lifelong consequences to returning without permission to the United States after a deportation.

This process has existed for decades, but until now, expedited removal was used only at or near the border to quickly remove individuals caught entering the United States without authorization.

The Supreme Court's decision expands the use of expedited removal from the border to the entire country.

How to protect yourself with documents

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

If you have lawful status, you should carry original documents proving that status.

• U.S. citizens

  • Passport card

  • REAL ID compliant state ID or driver license

• Permanent residents

  • Permanent resident card ("green card")

  • REAL ID compliant state ID or driver license

• Other forms of lawful status

  • Valid, unexpired Form I-94

  • Valid, unexpired Employment Authorization Card

  • Immigration court order granting you relief from removal

  • Form I-797C Receipt Notice, showing timely filing of an application to extend or change your status (where the underlying application remains pending)

  • REAL ID compliant state ID or driver license

If you do not have lawful status, you should gather documentation of your presence in the United States for at least the last two years.

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 (only if other documents are not available)

  
  

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 monthly reminder 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, showing evidence of your status might prevent you from being detained.

Decide whether you want to keep your evidence of physical presence with you or at home.

• If you encounter ICE, having your documents with you is the best way to avoid detention.

• However, some documents contain sensitive personal data that could expose you to identity theft if they are lost or stolen.

Make a copy of your documents and give it to an emergency contact. If possible, this should be someone with lawful status. ICE may 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.

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.

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

For more information on ICE encounters, please read our other posts.

• Know Your Rights: If You Encounter ICE in Public

• Know Your Rights: If ICE Visits Your Home

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 a qualified immigration lawyer can provide valuable clarity tailored to your needs. They can help

1. assess your situation

2. review your documents, and

3. 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

This expansion of expedited removal will naturally generate significant anxiety, especially for individuals who currently do not have lawful presence in the United States and mixed-status families. 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.

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