⚖️ Due Process at Risk in the Era of Fast-Track Deportations

This Week’s Immigration News Highlights

• Charlie Kirk Assassinated While Speaking at Public Debate

• Visa Application - “Anti-American” Views to be Scrutinized

• Trump - Seeking to Increase White Immigration Due to South African Tensions

Expansion of ‘Expedited Removal’ and Sanctuary City Crackdowns: New Enforcement Frontiers

The January 2025 expansion of expedited removal under the Department of Homeland Security (DHS) marks a significant shift in U.S. immigration enforcement. The new policy removes geographic and temporal limits previously in place: now, undocumented noncitizens anywhere in the U.S., who entered without inspection or had parole revoked and cannot prove continuous residency of at least two years, may be subject to expedited removal.

This expansion also intensifies pressure on sanctuary jurisdictions. Federal directives and executive orders are pushing for greater cooperation from local and state officials; those who resist may face investigations or legal action.

The administration’s positioning suggests a future in which sanctuary policy may be punished via funding, prosecutions, or other regulatory levers.

Practical Implications for Immigration Attorneys

• Due Process Risks: Under the new policy, many affected individuals lose the right to an immigration-court hearing unless they express fear of persecution and pass a credible fear interview. Attorneys need to be ready to ensure clients are aware of the credible fear option and insist on the screening.

• Geographic Reach: Because the policy now applies across the U.S., not just near borders, law firms must monitor enforcement operations in new localities. Strategies that worked in border regions may need adaptation.

• Documentation & Residency Evidence: Clients with uncertain documentation or who cannot clearly prove two years of continuous presence are now especially vulnerable. Attorneys should begin preparing strategies to collect corroborating evidence: affidavits, rent records, utility bills, employment records, etc.

• Interplay with Local Policies: In sanctuary jurisdictions, legal practice may be affected by local resistance or cooperation. Attorneys should map out where local officials are cooperating with ICE or CBP, what local court orders or injunctions are in place, and how those shifts may affect clients.

• Litigation & Injunctions: Several legal challenges are ongoing (e.g., Make the Road New York v. Huffman) attacking the expansion for alleged constitutional due process violations. Attorneys should watch these cases. Favorable rulings could narrow or block enforcement, and unfavorable ones may set new precedents.

• Client Counseling: Given the speed with which expedited removal can proceed (possibly in a single day once triggered), attorneys must counsel clients in at-risk populations proactively (not just after an ICE encounter). What documents to carry; when to invoke the right to counsel; avoiding self-incriminating statements; knowing one’s rights during encounters.

• Collaborations & Networks: Because many asylum seekers or detained persons may not have legal representation in time, forming relationships with legal aid orgs, pro bono networks, and “know-your-rights” groups will be crucial.

Predictions & What’s Likely Coming

• Legal challenges will continue. Recent rulings (e.g. a federal judge temporarily blocked the expansion in certain interior regions for failing to provide adequate due process.) may force modifications or delay full enforcement.

• Enforcement may shift toward more aggressive ICE/CBP operations inside courts, in transit, or in urban centers. Attorneys should anticipate more location-based risk beyond traditional border enforcement zones.

• Sanctuary jurisdictions might see increased federal pressure, including withholding of funds or criminal investigations of local officials. Some local ordinances may be challenged or invalidated.

• Higher stakes for asylum seekers: delays in expressing fear of persecution, or mistakes in screening, will become costlier. Attorneys with asylum-practice clients must be especially vigilant.

How Expedited Removal Impacts Asylum Seekers

For asylum seekers, the expanded expedited removal policy raises serious challenges:

• If an individual does not clearly express fear of return (or claim asylum/fear) at the outset, they risk being removed before ever seeing an immigration judge. Credible fear interviews remain the gateway, but procedural delays, poor screening conditions, or lack of access to counsel can interfere.

• Most CBP or ICE facilities handling expedited removal are not well-equipped for overnight stays, or for preparing individuals with trauma, or ensuring access to legal help. The speed of the process leaves little time for gathering evidence or locating counsel.

• Even for those who do get a credible fear determination, exposure to detention, family separation risk, and abrupt transitions into removal (if fear is denied) increase psychological and logistical burdens.

• Attorneys & advocates must prioritize ensuring clients understand the credible fear option, help document persecution risk, prepare to navigate conditions and timing, and push for improvements in screening environments where possible (e.g. through litigation, oversight, or media attention).

That’s All for This Week!

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Taken together, the expansion of expedited removal and the intensified scrutiny of sanctuary city policies signal a renewed era of interior enforcement, where timing, documentation, and early legal intervention will often determine case outcomes. Immigration attorneys will need to stay alert — monitoring litigation, gathering evidence proactively, and reinforcing clients’ rights at every encounter — to guard against due process erosions in this high-stakes environment.

Until next time, stay vigillant during these uncertain times 🇺🇸