Understanding the Expedited Removal of Immigrants in Illinois

 Posted on May 09, 2025 in Immigration

A Lyons, IL family is feeling the effects of the new administration’s immigration changes. Five days in, on January 26, armed federal agents detained a 47-year-old undocumented Mexican immigrant who has lived in the United States for almost 30 years. The man has no criminal record, only a removal order from 2004 after he visited his father in Mexico and returned to his home and life in the U.S. without applying for asylum or citizenship.

The man’s attorney calls this a "collateral arrest" since ICE was not specifically looking for him but rather encountered him during an immigration raid. The man’s son, who witnessed agents detaining his father that day in January, says his family has not been the same since. Not only was the man the primary financial provider for his family, but he also left behind a wife battling breast cancer.

The man was arrested under "expedited removal," a swift administrative process that deports immigrants without a court hearing. If you or a loved one has been detained under expedited removal, it is important that you speak to a knowledgeable Bloomingdale, IL immigration attorney.  

What Is Expedited Removal?

When expedited removal is implemented, low-level immigration officers are allowed to remove noncitizens from the United States without the benefit of a hearing before an immigration judge. Immigrants who are placed in expedited removal have the right to access the asylum system if they credibly fear torture or persecution upon return to their home country.

Expedited removal was part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and generally applies to immigrants who arrive at a port of entry or who entered the U.S. without "inspection" and have not been present in the country for at least a continuous two-year period. Since its adoption, the expedited removal process has changed.

Initially, only immigrants arriving at a port of entry could be removed under the expedited removal terms. In 2002, that was expanded to include immigrants who entered by sea with no inspection. In 2004, it was expanded yet again to apply to immigrants crossing a land border without inspection who encountered immigration authorities within 100 miles of the border and two weeks of their arrival. This was the only definition of expedited removal until June 2020-March 2022 and again from January 2025 to the present.  

Expedited removal now allows the detainment and removal of any noncitizen who arrives at a port of entry at any time and currently lacks necessary entry documents. It also allows the removal of a noncitizen who arrives by land or sea anywhere in the U.S. and is unable to prove they have been present for the prior two years. An immigration officer who determines that the above is true for a noncitizen can order that person removed.

There is usually no appeal for an expedited removal order; in most cases, there is a five-year re-entry prohibition. If the individual has a credible fear of returning to his or her home country, asylum can be applied for following a credible fear interview (CFI).

The removal order will remain if the asylum officer believes there is no credible threat to the immigrant when returned to his or her home country. If the asylum officer agrees there is a credible threat, the removal order will be revoked, and the individual can apply for protection. Concerns regarding expedited removal are largely centered on deportations made in error.

Low-level immigration officers essentially serve as both prosecutors and judges. The immigrant has no opportunity to speak to an attorney or gather evidence that could prevent deportation. Survivors of trafficking or witnesses, or survivors of a crime in the U.S. who assist law enforcement could be erroneously removed during expedited removal proceedings.

Contact a DuPage County, IL Immigration Lawyer

If your loved one has been removed under expedited removal, speaking to a Naperville, IL immigration attorney is extremely important. Attorney Mevorah has been serving the needs of immigrants throughout Northern Illinois for more than 40 years. Call 630-932-9100 to schedule your free consultation.