There has been significant concern recently about entries to the United States, specifically how to ensure that you will continue to be able to enter the U.S. as a traveller for business or pleasure. Articles in foreign media have highlighted recent actions taken to limit the ability of foreign nationals to enter or stay in the U.S., causing some people to cancel their travel plans for fear that they may be targeted by U.S. immigration authorities.

One tool that has long been used by U.S. immigration authorities to remove or keep out those who are deemed threats to the U.S. or have broken its laws is a process called “expedited removal.” This process streamlines the deportation or removal process and can result in individuals being barred from entering or re-entering the U.S. for five years or longer.

Expedited removal is a process created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It permits the Department of Homeland Security (DHS) to summarily remove non-U.S. persons arriving at a designated U.S. port of entry “without further hearing or review” if they are inadmissible either because they: (1) lack valid entry documents or (2) tried to procure their admission into the United States through fraud or misrepresentation. The U.S. Immigration and Nationality Act also authorizes, but does not require, DHS to extend the application of expedited removal to “certain other aliens” inadmissible on the same grounds if they: (1) were not admitted or paroled into the United States by immigration authorities and (2) cannot establish at least two years’ continuous physical presence in the United States at the time of apprehension.

Most commonly, DHS agencies (specifically Customs and Border Protection and Immigration and Customs Enforcement) have used this tool to remove people who are within 100 miles of the U.S. border, either at the time of their attempted arrival or within 14 days of their arrival. The majority of foreign nationals subject to expedited removal prior to 2025 have been apprehended either at a designated port of entry or near the international border when trying to enter (or shortly after entering) the U.S. unlawfully between ports of entry.

More recently, however, it has gained notoriety as a tool to remove individuals who are currently in the U.S. without authorization and those who cannot prove that they have been in the U.S. continuously for at least two years before their arrest. These include individuals who were admitted to the U.S. under a widespread humanitarian parole program established under the Biden administration. This policy most directly results from President Donald Trump’s executive order of Jan. 20, 2025, titled “Protecting the American People Against Invasion,” which ordered a significant expansion of expedited removal in the U.S.

Those in the U.S. without authorization or who were admitted under the Biden administration’s discretionary parole program should absolutely be concerned about the possibility of expedited removal from the U.S. Widespread concern stems from the fact that when using expedited removal as a means to remove people from the U.S., the process allows for rapid deportation without a formal hearing or the opportunity to contest the removal before an immigration judge, bypassing the due process protections Americans enjoy under the Constitution, like the right to counsel, to present evidence or to seek review of the removal order.

However, the U.S. Supreme Court has upheld the constitutionality of expedited removal, finding that it satisfies due process requirements, even for those entering the U.S. illegally. Specifically, the court has ruled that aliens seeking initial entry have limited due process protections and that the expedited removal process, as it is currently and has recently been implemented, meets those requirements. In 2025, the question therefore becomes whether foreigners already in the U.S. for extended periods of time who may not have been properly vetted or admitted lawfully to the U.S. have the same limitations to their due process protections.

For the moment, there are indications that the U.S. government intends to prioritize its use of its expedited removal authority to remove criminals and those who pose a threat to the health or welfare of U.S. persons. On May 21, 2025, a bill was introduced to Congress to authorize the expedited removal of aliens who are criminal gang members, members of foreign terrorist organizations or have been convicted of certain specified crimes. Passage of this bill would ensure that the U.S. government has the continued authority to quickly remove individuals posing significant threats to the U.S. However, it remains a potential consequence not only to high-risk individuals and criminals, but also to anyone who entered the U.S. without proper documents or through misrepresentation.

The best way to avoid this risk is to obtain lawful status in the U.S. Please speak to a qualified U.S. immigration lawyer to determine the best path to lawful admission or continued presence in the U.S. based on your specific circumstances. Our Immigration Practice Team at Lippes Mathias LLP is here to assist. Please contact Elizabeth M. Klarin (eklarin@lippes.com) or Eileen M. Martin (emartin@lippes.com) with any questions.

This article was originally published by Law360 Canada, part of LexisNexis Canada Inc.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, LexisNexis Canada, Law360 Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.