Can I be deported without seeing a judge? Expedited removal for adults and children

This page explains who can be removed without a court hearing. It is general information, not legal advice. For how a regular court case works, see How the deportation process works.

Can I really be deported without a judge?

Yes, in some cases. The main way is called expedited removal. An immigration officer, not a judge, decides, and the person can be removed quickly, often while held in detention (8 U.S.C. 1225(b)(1)).

For many years it was used mostly near the border on people who had just arrived. That changed:

• January 21, 2025: the Department of Homeland Security expanded expedited removal to the whole country, for people who cannot show two years here (90 FR 8139).
• August 29, 2025: a federal court in Washington, D.C. paused the expansion nationwide.
• June 23, 2026: the federal appeals court in D.C. lifted that pause in Make the Road New York v. Mullin, by a 2 to 1 vote (opinion). It is in effect now (checked October 21, 2026).
• July 27, 2026: the challengers asked the full appeals court to rehear the case. No ruling was reported as of October 21, 2026 (ACLU of DC case page).

The case may still go further in the courts. Before you rely on this, check the ACLU of DC case page or ask a lawyer whether anything has changed.

Who can be put in expedited removal?

Under the current rules, an officer can use it on a person who:

• Was not admitted or paroled into the U.S. (for example, crossed without being inspected), and
• Does not have valid papers, or used false papers or false statements to get in, and
• Cannot show they have been in the U.S. continuously for the two years before the officer's decision.

The burden is on you to prove the two years. It does not matter how far you are from the border.

Who cannot be put in expedited removal?

Tell the officer right away if any of these is true for you. You have the right to raise it:

• You are a U.S. citizen
• You are a lawful permanent resident (green card holder)
• You have been granted refugee or asylum status
• You were admitted (for example, with a visa) or paroled into the U.S.
• You have been here two years or more
• You are an unaccompanied child (see below)

What if I am afraid to go back?

Say it. If you tell the officer you fear persecution or want to apply for asylum, the law says the officer must send you to an asylum officer for a "credible fear" interview instead of removing you right away.

• If the asylum officer finds you have a credible fear, your case goes forward.
• If not, you can ask an immigration judge to review that decision. The law says the review should happen within 24 hours if possible, and no later than 7 days.
• You are usually held in detention during this process.

Get a lawyer's help before the interview if you can. See Who can apply for asylum.

What if I was deported before?

If you were deported, or left under a deportation order, and came back without permission, ICE can reinstate the old order (8 U.S.C. 1231(a)(5)). There is no new court hearing, and the law says you cannot apply for most kinds of relief.

You can still make a statement to the officer saying the decision is wrong. And if you say you are afraid to return, the rules say you must be sent to an asylum officer for a fear interview (8 CFR 241.8). Talk with a lawyer right away.

There is also a fast process without a judge for some people with certain serious criminal convictions who do not have a green card. See How a criminal record can affect your immigration status.

What about children?

Children who came alone are protected by law. A child who is under 18, has no legal immigration status, and has no parent or legal guardian in the U.S. able to care for them is an unaccompanied child. The law says these children must be put in a regular court case before a judge, not expedited removal, and must have access to a lawyer (8 U.S.C. 1232; definition in 6 U.S.C. 279(g)(2)). Their care is the job of the Department of Health and Human Services, not ICE.

There is one exception. Some children from Mexico or Canada can be sent back after a screening, only if officers find the child is not a trafficking victim, has no fear of returning, and can make their own decision to go back.

Children who came with a parent are not "unaccompanied," so this protection may not apply to them. Ask a lawyer about your family's case.

Young people who came alone and are now 18 or older may be at risk. In November 2025, the Immigrant Legal Resource Center warned that the government could try to use expedited removal on young people who were processed as unaccompanied children but no longer fit that definition, and it laid out legal arguments against doing so (ILRC FAQ). Get legal advice now, and keep your papers from your time in children's custody. See What is SIJS and can my child qualify? and How children in immigration custody are held and released.

How do I show I have been here two years?

Start gathering proof today. Things with your name and a date in the U.S. can help, such as:

• Leases, rent receipts or utility bills
• Pay stubs, tax returns or bank statements
• School records for you or your children
• Medical or church records
• Letters or mail sent to you at a U.S. address

Aim to show each part of the two years, not just the start and the end. Keep the papers safe with someone you trust and make copies. Ask a lawyer whether you should carry anything with you. Do not carry false papers, and never lie to an officer.

Add this to your family preparedness plan.

What does this look like in real life?

This example is made up to show the steps. It is not a real person.

Samuel crossed the border without being inspected in March 2023 and has worked in San Jose since. In October 2026 an officer stops him and says he will be removed without a judge. Samuel has lived here more than three years. He stays calm and says, "I have lived in the U.S. for more than two years. I want to talk to a lawyer. I will not sign anything." His sister has his folder at home: a 2023 lease, pay stubs for each year, and his 2024 and 2025 tax returns. She calls the rapid response line and a legal clinic, and brings copies. Because he can show two years, the officer should not use expedited removal on him. If the officer does anyway, his lawyer has the papers ready to challenge it.

What should I say if I am stopped?

You have the right to stay silent and to ask for a lawyer. If you have been here two years or more, or you are afraid to return, say so. Do not sign papers you do not understand. See What to do if ICE or police stop you and How to tell an ICE warrant from a judge's warrant.

Who can help?

These are free or low cost nonprofits and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

Anywhere in the United States: the DOJ List of Pro Bono Legal Service Providers, sorted by immigration court.

For San Mateo and Santa Clara County residents:

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Deportation defense for people with low income, including young people.
• Asian Law Alliance (San Jose): (408) 287-9710
• Catholic Charities of Santa Clara County: (408) 468-0100
• Catholic Charities San Francisco, immigration services (serves San Mateo County): (650) 285-6451
• Rapid response if agents are near you: Santa Clara County (408) 290-1144; San Mateo County (203) 666-4472, open 24 hours

More choices are on Free or low cost immigration legal help. If someone in your family was taken, see What to do if ICE detains someone in your family.

Is there a checklist I can print?

Yes. Use it to gather your proof, and keep it with your family plan.

The rules changed fast, and they may change again. What does not change is this: you can speak up, you can ask for help, and you do not have to face this alone.