| One of the first executive orders President Trump signed last in January 2025 dealing with immigration enforcement limits the right of many non-citizens who are deportable to have hearings with an immigration judge. The executive order deals with a part of the US immigration law called “expedited removal”. While the details of this part of US immigration law are complicated, we want to break the executive order down to explain how it can affect you or someone you know. 1. Background Certain non-citizens don’t have the right to regular hearings with an immigration judge before being deported. This group includes people who entered the country illegally and have been in the US for less than 2 years. Before last week’s executive order, this rule was usually only enforced against people who entered illegally by land and were within 100 miles of the border and here for less than 2 weeks, and also those flying into the U.S. with visas if a CBP inspector thought the person was using the wrong visa category and intentionally lying about the reason for their entry or secretly wanting to stay here permanently and hiding that intention. However, now Trump is applying expedited removal everywhere inside the U.S., not just within 100 miles of the border, and to those who entered illegally within 2 years instead of 2 weeks. This expansion of time and distance is legally permissible because it’s just maximizing what the law already allows. He is also taking the position that people who were granted permission by the U.S. to enter under TPS and certain parole programs by previous presidents have, in his opinion, entered illegally, and may be treated as being here illegally, even though the US formally approved applications that were the US charged fees for and processed and approved. No matter what your political views may be, this after-the-fact change for people who played by the rules seems unfair and will certainly be litigated. But that takes time, and meanwhile more than one million who have been granted permission to be here may now be deported without access to deportation hearings with a judge. 2. Temporary Protected Status (TPS) Holders Temporary Protected Status (TPS) is granted to individuals from countries experiencing crises, such as armed conflicts or natural disasters. One of the more controversial aspects of the executive order is its stance on individuals who were granted entry into the U.S. under TPS. The Trump administration argues that people granted permission to enter under these programs may be considered to have entered illegally, despite having followed all the proper procedures and receiving approval from U.S. authorities. This is a significant shift, as many individuals who were initially lawfully allowed to enter the U.S. now face the risk of being treated as if they entered illegally, potentially subjecting them to expedited removal without access to an immigration judge. This change could affect over a million people who were granted legal status under TPS or similar programs. 3. People in Removal Proceedings for Less Than Two Years Another major focus of the executive order is on individuals already in removal proceedings (also referred to as deportation proceedings). This new policy applies to individuals who have been in the U.S. for less than two years who entered the U.S. illegally. As a result, they risk having their hearings canceled and being deported without further due process that they were entitled to when their hearings started. 4. Impact on TPS and Parole Holders What Does This Mean for You? If you are someone who holds TPS, is currently in removal proceedings, or has been granted parole or other protections by previous administrations, it’s crucial to stay informed about this executive order. At John Perry & Associates, P.C., we are closely monitoring these developments and are available to help guide you through any legal complexities. If you are concerned about your immigration status, it’s important to seek legal advice to understand your options and protect your rights. Stay informed, stay prepared, and reach out to our office if you have questions about how this executive order might affect you. |
