• What changed?
    On January 21, 2025, DHS issued a notice expanding expedited removal authority to the full extent allowed by law, applying it nationwide to noncitizens who cannot prove two years of continuous U.S. presence—not just at the border but anywhere in the country wcnc.com+9immpolicytracking.org+9Boundless+9.
  • Who is affected?
    Undocumented immigrants—whether they entered between ports or were previously paroled—who entered without inspection and have been in the U.S. less than two years are now subject to this fast‑track removal process immpolicytracking.org+3National Immigration Forum+3American Immigration Council+3.
  • Asylum access?
    Those who express fear of persecution are entitled to a credible fear interview. Yet DHS is expediting deportations rapidly—even arresting individuals in immigration court courthouses soon after judges deny or dismiss asylum claims. Asylum-seekers may be removed before filing a full claim AP News+1.

Enforcement & Legal Pushback

  • Intensified courthouse arrests: Immigration and Customs Enforcement (ICE) officers are increasingly conducting arrests immediately after court dismissals, pushing many asylum seekers into the expedited removal stream with limited access to counsel Refugees International+7AP News+7Los Angeles Times+7.
  • Litigation underway:
    Legal groups including Make the Road New York and Justice Action Center have sued DHS to block the policy. A federal judge temporarily paused aspects of the fast‑track expansion recently immpolicytracking.org+1. One case, D.V.D. v. DHS, reached the Supreme Court, which on June 23, 2025, stayed a lower court’s preliminary injunction, allowing the policy to remain in effect while appeals proceed en.wikipedia.org.

Scope & Impact

  • Scale of dismissal: DHS reportedly is preparing to dismiss hundreds of thousands of asylum applications filed by those who entered unlawfully, shifting them into expedited removal. An estimated 250,000 people may be affected National Immigration Forum+1.
  • Court backlogs: These moves follow the Biden administration’s fast‑track asylum reforms in fiscal 2025, which helped reduce immigration court backlogs—the courts processed nearly 852,000 deportation cases in the first months of FY 2025, the fastest pace since 2020 Axios.

Key Concerns & Criticisms

  • Due process limits: Critics argue that expedited removal bypasses fundamental legal protections and lets low‑level officers act as judge and jury, with minimal opportunity for legal representation or evidence presentation American Immigration Council+1.
  • Chilling effect on hearings: Fear of arrest at courthouses may deter asylum seekers from appearing at immigration hearings—even routine ones—undermining trust in the system The Washington PostAP News.
  • Parole recipients targeted: Individuals admitted under parole programs (including CBP One and CHNV) have had parole statuses revoked en masse and are increasingly placed in expedited removal proceedings—prompting lawsuits such as CHIRLA v. Noemimmpolicytracking.org+3Refugees International+3National Immigration Forum+3.

What It Means Going Forward

  • If these policies remain in place, asylum seekers with less than two years’ presence lose the right to full immigration court hearings unless they pass a credible fear screening.
  • Legal challenges are ongoing. The outcome of appeals, including D.V.D. v. DHS, could significantly influence the scope and legality of interior expedited removal.
  • Asylum seekers, nonprofits, and legal practitioners are closely watching developments—and preparing to assist those facing fast‑track removal.

Summary Table

TopicWhat’s Happening
Policy ChangeJanuary 21, 2025 DHS expands expedited removal nationwide
Who’s AffectedNoncitizens under 2 years in U.S., including parolees
ProcessRapid deportation sans full hearing; credible fear screen required
Enforcement TacticsCourthouse arrests and post-dismissal deportation arrests
Legal BacklashLawsuits active; injunctions issued and stayed

If you’re a legal advocate, immigration attorney, or someone navigating U.S. asylum procedures, these changes require urgent attention. Courts will decide the future of the fast‑track asylum system in the coming months.

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