The ongoing wave of mass deportations ordered by United States President Donald Trump has been generating news headlines and prompting concerns among many foreigners. The Trump administration has sensationalized the situation by ordering the Air Force to conduct deportation flights at considerable expense to American taxpayers. At White House press conferences, part of the grandstanding strategy consists of highlighting how quickly migrants are being detained and removed. However, this hasn’t applied to all deportees.
Not all foreigners with irregular status in the U.S. can be removed as fast as the White House suggests. While it’s true that Customs and Border Protection (CBP) agents are working under an accelerated timeline designed to make news headlines, the reality is that the deportation and removal process can take up to three years. There’s no standard timeline because it can vary considerably through many circumstances.
The Rapid REPAT Program
Many foreigners removed aboard Air Force flights since January 2025 were already in custody and had agreed to be deported under the Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) program managed by the Immigrant and Customs Enforcement (ICE) agency. This program has been active since the late 2010s. It applies to foreigners serving prison sentences for nonviolent crimes. In exchange for waiving their rights to challenge deportation in court, they agree to be removed after serving a third of their sentences.
According to a February investigation by KJRH, an NBC news affiliate in Oklahoma, 150 foreigners were released from state prisons and removed in a few days under the Rapid REPAT program. Most were incarcerated for cannabis possession and flown to Mexico. The Trump administration has been leaning on this program to inject momentum into the mass deportation mandate.
Expedited Removal Proceedings
Along with Rapid REPAT, expedited removal is part of the “low-hanging fruit” strategy of Trump’s mass deportation orders. Essentially, expedited removal applies to foreigners who arrive at ports of entry without visas, cross borders by skipping inspection, or are detained within two weeks of entering the U.S., often within 100 miles of the land borders.
Under expedited removal, foreigners could be returned to their countries of origin a few days after detention. However, some protections may apply, and they may allow your immigration lawyer in San Diego to request due process. If you wish to apply for asylum during the expedited removal process, immigration agents must grant a credible fear interview (CFI) to determine if you could be persecuted or harmed upon returning to your country.
The Formal U.S. Deportation Process
If you’re detained by ICE, CPB, or Border Patrol agents, a Notice to Appear before an immigration judge must be issued. This is when the process could take up to three years, perhaps longer with a notice of appeal. The length of the process will be determined by certain factors and circumstances, which may include criminal background, family ties in the U.S., pending asylum requests, Temporary Protected Status, and the court backlog. Due process must be followed in formal proceedings, and your chances of prevailing are enhanced if your immigration attorney can get you released from detention.
If you have questions about deportation or any other aspect of immigration law, contact the immigration attorneys San Diego residents trust. The lawyers at KS Visa Law have vast experience with every aspect of immigration law, and they’re the attorneys to call on when you need the most up-to-date information about immigration regulations. Call KS Visa Law today to schedule an appointment.
