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Original Date Announced
July 23, 2019Acting 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 RemovalEffective Date
July 23, 2019Subsequent Trump-Era and Court Action(s)
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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.
Go to article on cadc.uscourts.gov
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
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 -
December 8, 2020
I.M. v. CBP (D.D.C)
Democracy Forward, the National Immigrant Justice Center, and Latham & Watkins LLP filed a lawsuit alleging that “removal orders issued by unappointed CBP agents violate the Constitution’s Appointments Clause, which requires that government officials who exercise “significant authority” be appointed to their positions by the president or cabinet secretaries in order to ensure public oversight and accountability.”
Legal filings are available at: https://holdcbpaccountable.org/2021/05/06/i-m-v-u-s-customs-and-border-protection/
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document
Biden Administration Action: Revoked/Replaced
March 21, 20222022.03.21 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 DocumentCurrent Status
Not in effectMost Recent Action
March 21, 2022 Action: Revoked/Replaced 2022.03.21 Rescission of the Notice of July 23, 2019, Designating Aliens for Expedited RemovalMarch 21, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Agency DirectiveSubject Matter: InteriorAgencies Affected: ICEPre Trump-Era Policies
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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
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Designating Aliens for Expedited Removal
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Prior Policy
Original Source:
Designating Aliens For Expedited Removal
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Subsequent Action
Original Source:
ICE implements July 23, 2019 expedited removal designation
- Subsequent Action
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.
Go to article on npr.org