Expanded Expedited Removal Policy Raises Risks for Undocumented Students

Maykol Duarte, a Detroit student close to graduating, was detained under expanded expedited removal policies effective January 2025. His attorney filed a stay of deportation to let him finish school. The policy now applies nationwide and allows deportation without court hearings, raising concerns about fairness for students and families.

Key Takeaways

• Detroit student Maykol Duarte detained under expanded expedited removal policy signed January 20, 2025.
• Expedited removal now applies nationwide, requiring two years continuous U.S. residence to avoid deportation.
• Stay of deportation filed to allow Duarte to finish school; decision pending as of June 12, 2025.

A Detroit Student’s Deportation Case Highlights Expedited Removal Policy Changes

A Detroit high school student, Maykol Duarte, has become the center of a heated immigration debate after being detained by U.S. Customs and Border Protection (CBP) during a school field trip. Duarte, who was just 3.5 credits away from graduating, now faces deportation under the expanded expedited removal policy signed by President Trump on January 20, 2025. His attorney has filed a stay of deportation, hoping to allow Duarte to finish his studies before leaving the United States 🇺🇸 at his own expense. This case has drawn attention to the real-life impact of recent immigration policy changes, especially for students and families in Detroit.

Expanded Expedited Removal Policy Raises Risks for Undocumented Students
Expanded Expedited Removal Policy Raises Risks for Undocumented Students

What Happened: The Detroit Student’s Detention

On a school field trip in Detroit, CBP officers stopped a vehicle carrying several students. During this routine traffic stop, officers discovered that Maykol Duarte did not have legal status in the United States 🇺🇸. He was immediately detained and transferred to the custody of Immigration and Customs Enforcement (ICE). Duarte’s attorney quickly filed a stay of deportation, a legal request that asks immigration authorities to pause the deportation process. The goal was to let Duarte finish his last semester and graduate with his classmates.

As of June 12, 2025, Duarte’s stay application is still pending. If denied, he could be deported before completing his education, despite being so close to graduation. This situation has sparked concern among students, teachers, and community members in Detroit, who see Duarte’s case as an example of how quickly lives can change under current immigration enforcement policies.

The Expedited Removal Policy: What Changed and Why It Matters

What Is Expedited Removal?

Expedited removal is a process that allows immigration authorities to quickly deport certain undocumented immigrants without a hearing in immigration court. This policy was first introduced to speed up the removal of people caught near the border who could not prove they had been in the United States 🇺🇸 for a long time.

Key Changes Under President Trump

On January 20, 2025, President Trump signed an executive order that expanded the scope of expedited removal. The changes took effect the next day, January 21, 2025. Here’s what’s different now:

According to analysis by VisaVerge.com, these changes mean that many more undocumented immigrants, including students like Duarte, are at risk of being deported without the chance to present their case in court.

How the Expedited Removal Process Works

Understanding the steps in the expedited removal process helps explain why cases like Duarte’s move so quickly:

  1. Arrest: ICE or CBP officers arrest an undocumented individual during a stop, raid, or other encounter.
  2. Eligibility Check: Officers check if the person fits the criteria for expedited removal—mainly, whether they have been in the United States 🇺🇸 for less than two years and lack legal status.
  3. Deportation Decision: If the person is eligible, officers can order deportation without a court hearing.
  4. Fear Screening Exception: If the person says they are afraid to return to their home country, they can request a fear screening interview. If they pass, they may get a full hearing.
  5. Removal: If there is no fear claim or the claim is denied, the person can be deported quickly.

For more details on the expedited removal process, the U.S. Department of Homeland Security provides official information on their website.

The Role of a Stay of Deportation

A stay of deportation is a legal tool that can temporarily stop the removal of someone facing deportation. Attorneys often file a stay to give their clients more time to resolve their cases or to finish important life events, such as graduating from high school. In Duarte’s case, his attorney filed a stay application with ICE, asking for permission for Duarte to complete his studies before leaving the country.

A stay is not guaranteed. Immigration authorities review each request and decide whether to grant it based on the facts of the case. If the stay is denied, deportation can proceed immediately. If granted, the person may remain in the United States 🇺🇸 for a set period, usually until a specific event (like graduation) or until further notice.

Impact on Detroit’s Students and Schools

Sanctuary District Policies

The Detroit Public Schools Community District has a sanctuary policy, which means the district is committed to protecting students’ rights regardless of their immigration status. This policy aims to create a safe environment where all students can learn without fear of deportation. However, school districts have limited power to intervene when federal immigration authorities take action.

Educational Disruption

Duarte’s case shows how immigration enforcement can disrupt education for undocumented students. Being detained just 3.5 credits away from graduation means Duarte may not receive his diploma, despite years of hard work. This can have long-term effects on his future, including his ability to attend college or find a good job.

Community Response

Teachers, classmates, and community members in Detroit have rallied in support of Duarte. Many are calling for ICE to grant the stay of deportation so he can finish school. Advocacy groups argue that students should not be punished for their immigration status, especially when they are close to reaching important milestones like graduation.

Broader Implications of Expedited Removal

Increased Risk for Undocumented Immigrants

The expansion of expedited removal means that undocumented immigrants across the United States 🇺🇸 face a higher risk of being deported quickly and without a court hearing. This includes people who have lived in the country for almost two years, as well as those who may not have any criminal record.

Legal experts point out that expedited removal gives people very little time or opportunity to fight their deportation. Without a court hearing, many cannot present evidence or explain their situation. This is especially hard for people who may have strong ties to their community, such as students, workers, and families.

Community and Advocacy Efforts

Community organizations and advocacy groups are working to support those affected by expedited removal. They provide legal help, raise awareness, and push for policy changes. In Detroit, these groups are especially active, given the city’s large immigrant population and the presence of sanctuary policies.

Historical Background: How Expedited Removal Evolved

Expedited removal was first introduced in the 1990s to help border officials quickly deport people caught entering the United States 🇺🇸 without permission. At first, the policy only applied to people found within 100 miles of the border and who had been in the country for less than two weeks.

Over time, the policy has been expanded. The most recent change, signed by President Trump in January 2025, allows expedited removal to be used anywhere in the country and for people who have been in the United States 🇺🇸 for up to two years. This expansion has made the process much broader and affects many more people.

Many legal experts worry that expedited removal does not give people enough chance to defend themselves. They argue that skipping court hearings can lead to mistakes, such as deporting people who have legal rights to stay or who face danger in their home countries.

Policy Analysts’ Views

Immigration policy analysts say that the expansion of expedited removal is part of a larger trend toward stricter enforcement. They note that while the policy may make it easier for authorities to remove undocumented immigrants, it also raises questions about fairness and due process.

Community Advocates’ Response

Community advocates in Detroit and across the United States 🇺🇸 are calling for more protections for students and families. They argue that policies should consider the impact on young people’s education and future opportunities.

What Happens Next: Future Outlook and Possible Changes

Legislative Reforms

There are ongoing discussions in Congress about possible changes to immigration laws. Some lawmakers want to limit the use of expedited removal or require more legal protections for those facing deportation. Others support keeping the policy as it is, arguing that it helps enforce immigration laws more effectively.

The expanded expedited removal policy may face legal challenges in the courts. Advocacy groups and legal organizations could argue that the policy violates constitutional rights or international agreements. If successful, these challenges could change how the policy is used or even stop it altogether.

Community Advocacy

Community groups in Detroit and other cities are likely to keep pushing for changes to protect students and families from sudden deportation. They may also work to help those affected by providing legal support and raising public awareness.

Practical Guidance for Those at Risk

If you or someone you know is at risk of expedited removal, here are some steps to consider:

  • Know Your Rights: Learn about your rights during encounters with ICE or CBP. You have the right to remain silent and to ask for a lawyer.
  • Keep Proof of Residence: If you have lived in the United States 🇺🇸 for more than two years, keep documents that prove your residence, such as school records, bills, or pay stubs.
  • Seek Legal Help: Contact a qualified immigration attorney or a trusted advocacy group for advice. They can help you file a stay of deportation or explore other options.
  • Stay Informed: Follow updates from official sources like the U.S. Department of Homeland Security and advocacy organizations such as the National Immigration Law Center.

Resources for More Information

These resources offer up-to-date information on immigration policies, rights, and legal options.

Conclusion: The Human Impact of Policy

Maykol Duarte’s case in Detroit is a powerful reminder of how immigration policies affect real people. The expansion of expedited removal has made it easier for authorities to deport undocumented immigrants quickly, but it has also raised concerns about fairness and the impact on students and families. As Duarte’s attorney waits for a decision on his stay of deportation, the Detroit community and advocates across the country continue to push for policies that balance enforcement with compassion and due process.

For those facing similar situations, understanding the rules, knowing your rights, and seeking legal help are key steps. As reported by VisaVerge.com, the ongoing debate over expedited removal and its effects on communities like Detroit shows the need for clear, fair, and humane immigration policies that consider both the law and the lives of those affected.

Learn Today

Expedited Removal → A fast deportation process without court hearings for certain undocumented immigrants under new rules.
Stay of Deportation → A legal request to temporarily pause deportation allowing time for resolution or important events.
CBP → U.S. Customs and Border Protection, responsible for border security and immigration enforcement.
ICE → Immigration and Customs Enforcement, enforces immigration laws and detains/deports undocumented immigrants.
Fear Screening Interview → An interview to assess if a person fears returning to their home country, possibly delaying deportation.

This Article in a Nutshell

Detroit student Maykol Duarte faces deportation under new expedited removal rules expanding nationwide. His attorney seeks a stay of deportation to let him graduate. This case spotlights the fast, harsh impact of recent immigration policy changes for students like Duarte nationwide.
— By VisaVerge.com

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Oliver Mercer
Chief Editor
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As the Chief Editor at VisaVerge.com, Oliver Mercer is instrumental in steering the website's focus on immigration, visa, and travel news. His role encompasses curating and editing content, guiding a team of writers, and ensuring factual accuracy and relevance in every article. Under Oliver's leadership, VisaVerge.com has become a go-to source for clear, comprehensive, and up-to-date information, helping readers navigate the complexities of global immigration and travel with confidence and ease.
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