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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. Date Announced

    July 23, 2019

    Acting 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]

    View Policy Document
  2. Effective Date of Change

    July 23, 2019
  3. Subsequent Action

    June 23, 2020

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

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

    DC Circuit Court of Appeals decision
  4. Subsequent Action

    October 21, 2020

    ICE begins implementing policy and associated web-based training.

    2020.10.21 ICE implements July 23, 2019 expedited removal designation | ICE Press Release
  5. Subsequent Action

    December 8, 2020

    Democracy Forward, the National Immigrant Justice Center, and Latham & Watkins LLP filed 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.” 

    I.M. v. CBP (D.D.C)
Type of Action: Agency Directive
Subject Matter: Interior
Agencies Affected: ICE

Prior Policies

  • 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 the U.S. international land border, and who have not established to the satisfaction of an immigration officer that they have been physically present in the U.S. continuously for the 14-day period immediately prior to the date of encounter.

    Designating Aliens For Expedited Removal

Subsequent Actions

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 the ability of the Department of Homeland Security to quickly deport certain immigrants without any of the due-process protections granted to most other people, including the right to an attorney and to a hearing before a judge.

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