Preparing for Expansion of Expedited Removal: Proving Two Years’ Presence in the United States

“Expedited removal” is the term for a government process allowing for the immediate deportation of certain individuals without a hearing. Currently, expedited removal applies to noncitizens who arrive at a port of entry without entry documents or who try to enter by fraud or misrepresentation, with certain exceptions, as well as noncitizens who entered by sea without inspection and who have been in the United States for less than two years, and to those who cross a land border without inspection and are arrested within two weeks of their arrival and within 100 miles of the border.

Between June 2020 and March 2022, immigration officers were authorized to apply expedited removal to any noncitizen who had not been “admitted or paroled” into the United States (those who had “entered without inspection”) and who could not establish that they had been physically present in the United States for the previous two years.

Under the incoming Trump Administration, it is likely that expedited removal will once again apply to individuals who cannot affirmatively establish to an immigration officer that they have two years of continuous physical presence in the United States. Accordingly, if you are undocumented, it will be important to ensure that you have proof of physical presence readily available to provide to immigration authorities in the event of arrest.

Documents from the following non-exhaustive list should be printed as well as saved in a digital format:

• Tax documents, pay stubs, lease agreements, recurring bills, and utilities (such as gas, water, and electric) in your name;
• Proof of employment, such as pay stubs, and income tax returns;
• Record of membership in or attendance at a religious organization;
• Copies of your children’s birth certificates;
• Copy of your marriage certificate;
• Medical records;
• Bank records;
• School records;
• Receipts containing identifying information;
• Car registration; and,
• Affidavits from credible witnesses having personal knowledge of your presence, such as neighbors or colleagues.

You may not be able to access these documents immediately if you are arrested and detained. Ensure that a trusted friend or family member has ready access to these documents by providing them with a copy or access to the digital file or leaving instructions as to where copies of these documents can be found.