DHS Broadens List of Individuals Eligible for Expedited Deportation

DHS Expands ICE’s Power to Fast-Track Deportations, Sparking Legal Battle

The U.S. Department of Homeland Security (DHS) has issued a new directive broadening the authority of Immigration and Customs Enforcement (ICE) to swiftly deport individuals deemed unlawfully present in the U.S. The notice, set to take effect at 6:00 p.m. EST on Tuesday, January 21, 2025, eliminates a previous Biden-era policy and significantly expands the use of expedited removal.

Under the new rule, ICE can deport individuals unable to prove at least two years of continuous U.S. residency—bypassing traditional court hearings. Historically, expedited removal has been reserved for certain groups, including individuals caught near the border shortly after arrival, those arriving by sea, and people with prior deportation orders.

The policy is already facing fierce opposition. The American Civil Liberties Union (ACLU) has filed a lawsuit in the U.S. District Court in Washington, D.C., arguing that the directive violates constitutional due process rights, the Immigration and Nationality Act, and the Administrative Procedure Act.

Critics warn the rule could lead to wrongful deportations of U.S. citizens, asylum seekers who have not yet filed claims, and individuals ordered removed without ever appearing in court. With legal challenges mounting, the fate of this sweeping expansion of ICE’s authority remains uncertain.

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