Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Trump expands use of fast-track deportation, which critics say is prone to mistakes

The Trump administration is expanding the use of a fast-track deportation authority nationwide

Mike Catalini,Rebecca Santana
Friday 24 January 2025 11:31 EST

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

The Trump administration announced Friday that it is expanding a fast-track deportation authority nationwide, allowing immigration officers to deport migrants without appearing before a judge as President Donald Trump seeks to make good on a sweeping agenda of removing everyone who is in the U.S. illegally.

The administration said it is expanding the use of ā€œexpedited removalā€ authority so it can be used across the country.

ā€œThe effect of this change will be to enhance national security and public safety ā€” while reducing government costs ā€” by facilitating prompt immigration determinations,ā€ the administration said in a notice in the Federal Register on Friday outlining the new rules.

In Trump's first week in office, his administration has taken action on a number of different fronts on his signature campaign promise of cracking down on illegal immigration.

After declaring a national emergency and describing immigration at the southern border as an invasion, he sent military troops to the border; lifted longtime rules restricting immigration enforcement near schools and churches; indefinitely suspended the refugee program; and halted key Biden-era immigration pathways.

In executive orders signed Monday, Trump also laid out a vision for future actions designed to dramatically boost immigration enforcement in the interior of the country while ratcheting down access at the southern border.

Friday's news of the expanded use of expedited removal comes as Newark, N.J., officials are lashing out over what they say were illegal arrests by federal immigration officers at a local business. About half of the city's population of 305,000 is Black and nearly 40% is Hispanic, according to census figures.

Newark Mayor Ras Baraka, a Democrat who is seeking the party's nomination for governor this year, said Immigration and Customs Enforcement agents detained ā€œundocumented residentsā€ along with U.S. citizens on Thursday. City officials are slated to have a news conference Friday.

ā€œExpedited removalā€ gives enforcement agencies broad authority to deport people without requiring them to appear before an immigration judge. There are limited exceptions, including if they express fear of returning home and pass an initial screening interview for asylum.

Critics have said thereā€™s too much risk that people who have the right to be in the country will be mistakenly swept up by agents and officers and that not enough is done to protect migrants who have genuine reason to fear being sent home.

The powers were created under a 1996 law. But these powers werenā€™t really widely used until 2004, when Homeland Security said they would use expedited removal authority for people arrested within two weeks of entering the U.S. by land and caught within 100 miles (160 kilometers) of the border. That meant it was used mostly against migrants recently arrived in the country.

In the notice Friday the administration said the authority could be used across the country and would go into effect immediately.

The notice said the person put into expedited removal ā€œbears the affirmative burden to show to the satisfaction of an immigration officerā€ that they have the right to be in the U.S.

___

Catalini reported from Newark, N.J.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in