A DC Circuit decision cleared the way for the government to use expedited removal, removal without a hearing, against people found anywhere in the country who have been present less than two years, not just those caught near the border. Immigration attorney Charles Kuck’s practical response is that the two-year line is now something you have to be able to prove on the spot.
mic What the Attorney Says
“If you are an undocumented immigrant, you need to have evidence with you that you have more than 2 years of presence in the United States.”
The evidence is ordinary paperwork that shows a continuous timeline: utility bills, bank statements, pay records, dated photos, leases, medical or school records, ideally spanning well past the two-year mark. The goal is to be able to answer the question without hesitation.
mic What the Attorney Says
“You need to be able to articulate, I have been here longer than 2 years. Can you affirmatively say that?”
Kuck’s read is that the reach of this is limited in practice: border crossings fell sharply in mid-2024, so the pool of people here under two years is smaller than it would have been earlier. But if you cannot document more than two years, you are exactly who this targets, and being able to show it is what moves you out of the no-hearing track and into ordinary removal proceedings with a judge.
This is the same expedited-removal machinery that traps DACA holders with old orders, covered in the DACA recipient deported at her green card interview, and it is a reason to understand old removal orders that resurface years later. Knowing what to carry, and where not to go, overlaps with who can safely travel during ICE activity.