The Homeland Security Department is weighing a plan to bypass immigration courts and remove undocumented immigrants who cannot prove they’ve been present continuously in the U.S. for two years or more.
The proposal is described in a draft regulatory notice, according to two DHS officials and a third person familiar with the planning. If finalized, it would represent the latest escalation of President Donald Trump’s immigration crackdown.
The administration has considered since 2017 expanding a fast-track deportation procedure known as “expedited removal,” but thus far has refrained from moving ahead.
The draft notice — which remains under review — would increase significantly the number of recently arrived undocumented immigrants subject to rapid deportation. Under the current standard, expedited removal is applicable only to immigrants picked up within 14 days of arrival. The two-week cutoff stems from a 2004 regulatory change, not from the 1996 statute that created the process.
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