Expedited Removal Is Now Nationwide: What the DC Circuit's Ruling Means for You

What Just Happened: The DC Circuit Ruling

June 23, 2026 is the date that immigration lawyers and civil rights advocates have been dreading. That afternoon, a two-judge majority on the DC Circuit Court of Appeals reversed a lower court's block on Trump's January 2026 executive order expanding expedited removal to cover all undocumented immigrants anywhere in the United States — not just those near the border.

The majority consisted of Judges Karen Henderson Walker and Neomi Rao, both Trump appointees. They ruled that the expansion was lawful, that the plaintiffs had not shown sufficient evidence of systemic errors, and that any wrongful deportations that had occurred were the result of "individual officers' failure to follow the law" rather than a problem with the policy itself. The dissenting judge — Biden appointee Judge Jia Cobb, who had originally blocked the expansion at the district court level — sharply disagreed, arguing that the evidence showed exactly the systemic error the majority dismissed.

The ACLU's Anand Balakrishnan, who argued the challenge, called expedited removal "an unfair and error-prone system." Evidence submitted during the litigation showed that people who had lived in the United States for more than two years — people who were legally protected from expedited removal — were wrongly deported through the process anyway. The court acknowledged those cases but attributed them to individual officer errors, not a reason to block the policy.

The practical result: as of June 23, 2026, expedited removal is nationwide, and the last judicial check on its expansion has been lifted — at least for now, pending any further appeal.

What Expedited Removal Actually Is — And What It Is Not

Most people who have been through the immigration system know about removal proceedings. You get a Notice to Appear. You go to immigration court. You appear before a judge. You have time to hire a lawyer, gather evidence, file motions, and build a defense. The whole process can take years. You have real procedural rights.

Expedited removal is the opposite of all of that.

Under expedited removal, an ICE officer who apprehends you can decide on the spot that you are subject to expedited removal — deportable without a judge. An officer prepares paperwork charging you with being removable. You are given what the law calls "notice and opportunity to respond." In practice, that means you are shown a form, given a chance to read it (or have it read to you), and asked if you have anything to say. There is no judge. There is no courtroom. There is no attorney you can call in the moment, because there is no right to appointed counsel in expedited removal proceedings. The officer makes the determination. If nothing stops the process, you can be on a plane out of the country within days of your arrest.

This is not a system designed to catch errors. It is designed for speed. And as the evidence in the DC Circuit case showed, speed and accuracy are not the same thing.

What Changed in January 2026

Expedited removal existed before 2026, but it was limited. Under the prior framework, expedited removal could only be applied to people who were encountered at or near the border within 14 days of entering the United States. That meant the vast majority of the undocumented immigrant population in the interior of the country — people who had been here for years, sometimes decades — was outside the reach of expedited removal. If ICE arrested someone in Dallas or Chicago or Houston who had been here for three years, that person went through formal removal proceedings with an immigration judge.

Trump's January 2026 executive order eliminated the geographic and temporal limits. It directed the government to apply expedited removal to any undocumented immigrant anywhere in the United States, regardless of how long they had been here. The only statutory exception — the one protection Congress built into the law — is the two-year continuous presence rule.

A federal district court blocked the expansion. Then the DC Circuit unblocked it. Now it is in effect.

Who Is at Risk Right Now

If you are undocumented and have been in the United States for less than two years, you face the highest immediate risk. The government's position is that you can be deported through expedited removal without appearing before an immigration judge, and the DC Circuit has now cleared the legal path to do that anywhere in the country.

But the risk is not limited to people who arrived recently. The ACLU's litigation showed that people who had been in the United States for more than two years were wrongly processed through expedited removal — deported without a hearing when they were legally entitled to one. The court did not deny this happened. It just said those were individual officer errors, not a reason to stop the policy.

That framing matters. It means that even if you have been here for five years, if an ICE officer initiates expedited removal proceedings and you do not immediately assert your two-year protection, you may be deported before anyone corrects the error. By the time a lawyer finds out what happened, you may already be gone.

The risk profile looks like this:

• Undocumented immigrants with less than 2 years in the US: Highest risk. No statutory protection from expedited removal. Can be deported without a judge.
• Undocumented immigrants with more than 2 years in the US: Legally protected from expedited removal — but only if you assert the protection. ICE is not required to tell you about it.
• People with prior removal orders: Extremely high risk. A prior order can be "reinstated" rapidly, bypassing even the limited procedural steps of expedited removal.
• People with pending immigration applications: A pending application does not automatically stop expedited removal. The status of your application matters, but it is not a guarantee of protection in every situation.
• Anyone without documentation showing their US presence: Even people with a valid legal basis to stay can face serious delays and wrongful arrest if they cannot quickly prove who they are and how long they have been here.

The 2-Year Rule: The One Protection That Still Exists

Under 8 U.S.C. § 1225(b)(1)(A)(iii)(II), a person who can demonstrate that they have been continuously present in the United States for more than two years is not subject to expedited removal. They must be placed in regular removal proceedings before an immigration judge, with the full procedural rights that come with that process.

This is not a minor distinction. Regular removal proceedings mean you get a Notice to Appear, a court date, and time to build a defense. You can apply for asylum, cancellation of removal, adjustment of status, or any other form of relief you qualify for. You can gather evidence. You can have a lawyer represent you. Expedited removal gives you none of that.

The problem is what the DC Circuit confirmed: ICE agents are not required to inform you of the two-year protection. There is no requirement that the officer processing you explains that you have a right to regular proceedings if you have been here long enough. The burden is on you to raise it, in the moment, while you are under arrest, before the officer completes the expedited removal paperwork.

Raising the two-year claim does not by itself stop your removal. It triggers a requirement that the government place you in formal removal proceedings before a judge rather than deporting you through expedited removal. But if you do not raise it, the government has no legal obligation to investigate it on your behalf.

What "Notice and Opportunity to Respond" Looks Like in Practice

Immigration law requires that people subject to expedited removal be given "notice and opportunity to respond." It is worth being very direct about what that means in practice, because it is almost nothing like what those words suggest.

When ICE initiates expedited removal, an officer prepares Form I-860, the Notice and Order of Expedited Removal. The officer reads or summarizes the charges to you — typically that you are a non-citizen present in the United States without authorization — and asks if you understand and if you have anything to say. You may be offered a form in your language. That exchange is your "opportunity to respond."

There is no lawyer present. You are not given time to call one. There is no judge to review the officer's decision at that stage. If you say nothing, or if you say something but the officer is not persuaded, the expedited removal order is issued. You go to a detention facility. Within days — sometimes within 24 to 48 hours — you can be on a flight to your country of origin.

The one exception that might trigger a pause: if you express a fear of returning to your home country, the officer is required to refer you to an asylum officer for a credible fear interview. Passing the credible fear interview gets you into regular removal proceedings where you can seek asylum. But that is a separate track, and it only applies if you affirmatively express fear of persecution or torture.

The point is this: expedited removal is designed to be fast, and the "notice and opportunity to respond" component is structured to complete quickly. If you are not prepared to assert your rights in that moment — immediately, clearly, before the officer moves on — the moment passes.

ICE at Courthouses and Other Locations

The DC Circuit ruling arrives in an enforcement environment that was already aggressive before the ruling. In 2026, ICE agents have been arresting people at courthouses — pulling defendants and witnesses out of state court proceedings. They have conducted arrests near schools, churches, hospitals, and workplaces. Sensitive location protections that existed under prior administrations have been rolled back or are being ignored in practice.

The nationwide expedited removal expansion makes courthouse arrests more dangerous than they already were. Before the ruling, someone arrested at a courthouse with three years of US residence had a clear path to a hearing before an immigration judge. That path still exists in law, but it now depends on the arrested person knowing to assert the two-year claim in the immediate aftermath of an arrest — a high bar when you are being handcuffed in a courthouse hallway.

If you have any reason to appear at a courthouse, consult with an immigration attorney before you go. This is not hypothetical caution. The arrests are happening. The question is whether you are prepared if they happen to you or someone with you.

How to Document Your Time in the United States Right Now

The most important thing you can do today, if you are undocumented and have been here for more than two years, is build a documentation package that proves your continuous US presence. You want this ready before you need it — not scrambling to find evidence while you are in a detention facility.

The following types of evidence establish presence over time. The more you have, and the more consistently they show presence over a multi-year period, the stronger your claim:

• Tax returns and W-2 forms — If you have filed taxes (with an ITIN or Social Security number), these are among the strongest evidence of US presence. The IRS filing dates create a clear timeline.
• Pay stubs and employment records — Even informal employment records or letters from employers help establish continuous presence.
• Lease agreements and utility bills — Documents showing you had an address in the US, with dates. Keep copies of every lease you have ever signed.
• Bank account statements — US bank accounts with transaction histories spanning years.
• Medical records — Doctor visits, hospital records, any medical care with dates and US addresses.
• School enrollment records — For your children, or your own enrollment in ESL programs, vocational training, or higher education.
• Church or community organization records — Letters from priests, pastors, or community leaders attesting to your presence and participation over time.
• Driver's licenses and state IDs — Even if expired, these show you were present at a point in time. Keep them.
• Social media with dated posts showing US locations — Not definitive alone, but corroborating when combined with other evidence.
• Any government records — Any interaction with a government agency that created a record with a date and your name.

Assemble these documents now. Make copies. Give a set to a trusted family member or friend who is not in the same household. If you are arrested and taken to a detention facility, your ability to present this evidence quickly — and to tell your attorney exactly where to find more — could be the difference between expedited removal and a hearing before a judge.

What to Say If ICE Approaches You

You have the right to remain silent. You do not have to answer questions about your immigration status, your place of birth, or how you entered the country. The Fifth Amendment protects you from self-incrimination regardless of your immigration status.

If ICE initiates what appears to be an expedited removal process, the most important thing you can say immediately is this: "I have been in the United States continuously for more than two years. I am entitled to a hearing before an immigration judge. I am asserting my right to full removal proceedings under 8 U.S.C. § 1225(b)(1)(A)(iii)(II)."

Say it clearly. Say it before signing anything. Repeat it if necessary. Ask for an attorney. Do not sign any forms admitting to charges or agreeing to voluntary departure without speaking to an attorney first. Signing certain forms can waive important rights and make it significantly harder to fight your case later.

You also have the right to refuse to open your door to ICE without a warrant signed by a judge. A warrant of removal (Form I-205) issued by ICE is not a judicial warrant — it is an administrative document and does not require you to open your door. A warrant signed by a federal or state court judge does require compliance. Ask to see the warrant through the door or a window before opening.

Why You Need an Attorney Right Now — Not After an Arrest

The single most common mistake people make in this environment is waiting until they or a family member has been arrested to contact an attorney. By that point, the timeline is compressed and the options are narrower. Expedited removal is designed to move faster than legal intervention can catch up to.

What an immigration attorney can do before an arrest:

• Review your situation and identify every legal basis you might have to remain in the United States — including options you may not know about
• Help you document your continuous US presence in a form that is immediately usable if you are arrested
• Identify whether you qualify for any relief — cancellation of removal, adjustment of status, asylum, DACA, parole in place, special immigrant juvenile status, U visa, T visa, or other options
• File any pending applications that could give you a stronger legal posture before enforcement action
• Create a family preparedness plan so your household knows what to do and who to call if you are arrested
• Draft a power of attorney so a designated person can make decisions and speak with your attorney on your behalf if you are detained

What an attorney can do after an arrest is more limited, faster-moving, and more expensive. Intervention after expedited removal proceedings have begun requires getting a lawyer to a detention facility quickly, presenting evidence to the officer or to supervisory ICE personnel, and potentially seeking emergency judicial relief. That is harder than preparing before the arrest happens — and it sometimes does not work in time.

What Modern Law Group Can Do

At Modern Law Group, we have represented hundreds of people in deportation defense, including clients facing expedited removal, reinstatement of prior orders, and emergency detention situations. We know what these cases look like from the inside — the compressed timelines, the documentation needs, the procedural traps that catch people who are not prepared.

If you are undocumented and have not talked to an immigration attorney, the DC Circuit's ruling is the reason to do it now. Not next month. Now. The expansion is in effect. Arrests are happening every day. The two-year protection exists in law, but only helps you if you are ready to assert it — and asserting it effectively means knowing your rights, having your documentation organized, and having a lawyer whose number you can give to someone the moment you are arrested.

We work with clients across the country — in Texas, California, and everywhere else this expansion reaches. We can review your situation, help you identify your strongest legal grounds, build your documentation package, and be ready to respond fast if enforcement action happens.

If a family member has already been arrested and is in a detention facility, call us immediately at (888) 902-9285. Every hour matters in these situations. Do not wait to see what happens next.

"The court has made clear that the burden is on the immigrant to assert their rights in the moment. That means preparation is no longer optional — it is the difference between a deportation and a hearing." — Modern Law Group attorneys

Frequently Asked Questions

What is expedited removal?

Expedited removal is a process that allows the government to deport certain non-citizens without a hearing before an immigration judge. It was originally limited to people caught at or near the border within 14 days of entry. In January 2026, President Trump expanded it to cover all undocumented immigrants anywhere in the United States, regardless of how long they have been here. The DC Circuit's June 23, 2026 ruling cleared the path for this expansion to take full effect.

What did the DC Circuit court decide on June 23, 2026?

The DC Circuit Court of Appeals ruled 2-1 to allow the expansion to take effect. Judges Walker and Rao, both Trump appointees, reversed the lower court block. The dissenting judge would have kept the block in place. The ruling means ICE can now use expedited removal against any undocumented immigrant anywhere in the country — not just at the border.

Is there any protection from expedited removal if I have been in the US for a long time?

Yes. Under federal law, if you have been continuously present in the United States for more than two years, you cannot be deported through expedited removal and are entitled to a hearing before an immigration judge. However, the DC Circuit ruled that ICE agents are not required to inform you of this protection. You must assert it yourself, immediately, at the time of your encounter with ICE. If you do not raise the two-year presence claim, you may be deported without a hearing even if you qualify for the protection.

What does "notice and opportunity to respond" mean in expedited removal?

In expedited removal, "notice and opportunity to respond" is extremely limited. An ICE officer presents you with a form stating the charges and asks you to sign it. There is no court date, no judge, and no meaningful opportunity to gather evidence or consult an attorney before removal. The entire process can be completed in days. This is fundamentally different from formal removal proceedings, where you appear before an immigration judge and have real procedural rights.

Can ICE pick me up anywhere, including at a courthouse?

Yes. Under current enforcement priorities, ICE agents have been arresting people at courthouses, churches, hospitals, schools, and workplaces — locations that were previously considered protected zones. The DC Circuit ruling does not limit where expedited removal can be initiated. If you are undocumented, you face arrest risk in any location.

What documents should I gather to prove I have been in the US for more than 2 years?

Useful evidence includes: tax returns and W-2 forms from prior years, pay stubs or employer records, lease agreements or utility bills, school enrollment records for you or your children, bank account statements, medical records, church or community organization records, social media posts with location and date data, and any government records. The more documentation you have showing a timeline of continuous US presence, the stronger your claim against expedited removal.

What should I say if ICE approaches me?

You have the right to remain silent. If ICE initiates expedited removal proceedings, immediately state: "I have been in the United States continuously for more than two years. I am entitled to a hearing before an immigration judge." Say it clearly, before signing anything, and ask for an attorney. Do not sign any forms waiving rights without first speaking to a lawyer.

If I have a pending immigration application, am I protected?

A pending application does not automatically prevent expedited removal in every circumstance. The status and type of application matters, as does the circumstances of the encounter with ICE. Consult an immigration attorney about your specific situation — do not assume a pending application provides complete protection without confirming with counsel.

Schedule a Consultation — Now, Not Later

The DC Circuit ruling is not a warning about something that might happen — it is the announcement that it is already happening. Expedited removal is nationwide. ICE is operating under an aggressive enforcement posture. People with years of US presence are being deported without hearings because they did not know to assert the two-year protection.

Modern Law Group's deportation defense attorneys are ready to review your situation, identify your options, and help you prepare for what the current enforcement environment requires. This is the moment to get clarity on where you stand legally, get your documentation in order, and have an attorney ready to move if something happens. Schedule a Consultation today — or call us directly at (888) 902-9285. Do not wait until you or a family member is in a detention facility with a flight booked for the next morning.