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DHS designates new categories of migrants for expanded expedited removal to cover persons inside the US more than 100 miles from border

  1. Original Date Announced

    July 23, 2019

    Acting DHS Secretary McAleenan designates for expedited removal (1) noncitizens encountered anywhere in the United States who have been continuously present in the United States for less than two years; and (2) noncitizens encountered within 100 air miles from a U.S. international land border who have been continuously present for at least 14 days but less than two years.

    [ID #408]

    Designating Aliens for Expedited Removal
  2. Effective Date

    July 23, 2019
  3. Subsequent Trump and Court Action(s)

    • June 23, 2020

      DC Circuit Court of Appeals decision

      The D.C. Circuit reverses a lower court injunction in Make the Road New York v. Wolf (D.D.C.) Case No. 1:19-cv-02369, concluding that the expansion of expedited removal is not subject to review. Plaintiffs' petition for rehearing en banc was denied on Sept. 22, 2020.

      **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

      View Document
    • October 21, 2020

      2020.10.21 ICE implements July 23, 2019 expedited removal designation | ICE Press Release

      ICE begins implementing policy and associated web-based training.

      View Document
  4.  
  5. Biden Administration Action: Revoked/Replaced

    March 21, 2022

    2022.03.21 Rescission of the Notice of July 23, 2019, Designating Aliens for Expedited Removal

    This Biden administration action revokes in its entirety the Trump-era policy in this entry.

    On March 21, 2022, DHS published a notice in the Federal Register rescinding the July 23, 2019 Notice Designating Aliens for Expedited Removal, which expanded expedited removal to the maximum extent permitted by the INA. The new notice "leaves in effect the prior discretionary designations that have, for over two decades, extended expedited removal to additional categories of noncitizens."

    View Document

Current Status

Not in effect

Most Recent Action

March 21, 2022 Action: Revoked/Replaced 2022.03.21 Rescission of the Notice of July 23, 2019, Designating Aliens for Expedited Removal
March 21, 2022
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Agency Directive
Subject Matter: Interior
Agencies Affected: ICE

Pre Trump-Era Policies

  • August 11, 2004

    The prior policy limited expedited removal to migrants present in the U.S. without having been admitted or paroled who are encountered within 100 air miles of a U.S. international land border, and who have not established to the satisfaction of an immigration officer that they were physically present in the U.S. continuously for the 14-day period immediately prior to the date of encounter.

    Designating Aliens For Expedited Removal

Commentary

  • Trump Administration Moves To Speed Up Deportations With Expedited Removal Expansion

    The Trump administration announced it is expanding fast-track deportation regulations to include the removal of undocumented immigrants who cannot prove they have been in the U.S. continuously for two years or more. The change dramatically expands DHS's ability to quickly deport certain immigrants without due-process protections granted to most others, including the right to an attorney and to a hearing before a judge.

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