Starting from July 23, 2019, expedited removal may be applied to individuals who are undocumented, or who have committed fraud or misrepresentation, and who are encountered within the entire United States and who have not been physically present in the United States for two years prior to apprehension.

Under the new policy, the immigration officer making the decision virtually has unchecked authority. When an immigration official encounters someone they believe may be subject to expedited removal, the burden of proof is on the individual to prove otherwise. This means that an individual believed to be subject to expedited removal will have the burden of proving to an immigration official that they have been physically present in the United States for two or more years or that they were legally admitted or paroled into the United States.

If you were legally admitted to the US but you are now out of status you do not need to worry about this new measure.