Artemis Act Ends Fast-Track Deportation for People from Countries Flagged for Religious Freedom Concerns

The Artemis Act of 2025 tackles a specific but significant part of U.S. immigration law: expedited removal. This process, governed by Section 235(b)(1) of the Immigration and Nationality Act, allows border officials to quickly deport certain arriving immigrants without a hearing before an immigration judge. This new bill carves out a major exception: expedited removal cannot be used against anyone who is a citizen or native of a country the U.S. government has officially designated as a “country of particular concern” or placed on the “special watch list” under the International Religious Freedom Act of 1998 (SEC. 2).

The Due Process Upgrade

What this means in plain English is that if you arrive at the border and you’re from one of these nations—which are flagged because of severe human rights or religious freedom issues—you are guaranteed the right to see an immigration judge before any deportation order can be issued. Think of it like this: currently, some people get the fast-track boot, but this bill says that for people fleeing nations known for persecution, the government has to slow down and give them their day in court. This provision essentially ensures a higher level of due process for individuals who are likely to have strong asylum or protection claims, preventing them from being immediately sent back to potentially dangerous situations.

Who This Affects: From Policy to Practice

This change directly impacts two groups. First, the individuals arriving from these flagged countries are the beneficiaries; they gain a critical procedural right that could mean the difference between getting asylum and immediate removal. For example, a student fleeing a country where their religious group is systematically jailed would no longer face the risk of instant deportation at the border, but would instead be transferred to an immigration court to present their case.

The second group affected is the border enforcement agencies, specifically U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). Expedited removal is designed to be fast and efficient. By taking this group out of the fast-track process, the bill guarantees a slower, more resource-intensive process for these specific cases. While this is a clear win for due process, it will inevitably add to the workload and processing times for immigration courts and enforcement agencies that are already stretched thin.

The Fine Print on Flagged Nations

It’s important to note that the definition of “country of concern” isn't arbitrary; it relies entirely on existing State Department designations. These are nations identified by the Secretary of State as engaging in or tolerating particularly severe violations of religious freedom. Because the designation is tied to these existing lists, the scope of the Artemis Act’s exception will shift as the State Department updates its watch lists. This framework keeps the policy focused on specific, documented human rights concerns rather than broadly changing border procedures for all arrivals. The practical challenge here is managing the increased judicial load without completely bogging down the system, ensuring that the promise of due process doesn't turn into years of waiting in limbo.