Original Date Announced

DHS rescinds the March 21, 2022 Notice, Rescission of the Notice of July 23, 2019, Designating Aliens for Expedited Removal, and designates for expedited removal, with limited exceptions, noncitizens "determined to be inadmissible under sections 212(a)(6)(C) or (a)(7) of the INA who have not been admitted or paroled into the United States and who have not affirmatively shown, to the satisfaction of an immigration officer, that they have been physically present in the United States continuously for the two-year period immediately preceding the date of the determination of inadmissibility."

Expanded expedited removal designation notice posted for Public Inspection on January 21, 2025, for publication in the Federal Register on January 24, 2025.

Trump 2.0 [ID #1419]

Subsequent Trump and Court Action

2025.01.23 DHS - Guidance Regarding How to Exercise Enforcement Discretion

Acting Secretary of DHS Benjamine Huffman issued a memorandum to ICE, CBP, and USCIS titled, "Guidance Regarding How to Exercise Enforcement Discretion." The memorandum provides guidance regarding how enforcement discretion should be exercised in implementing, among other things, the designation above expanding the scope of expedited removal.

For any noncitizen DHS is aware of who is amenable to expedited removal (ER) for whom ER has not been applied, the memo directs DHS to "[t]ake all steps necessary to review the alien's case and consider, in exercising your enforcement discretion, whether to apply expedited removal. This may include steps to terminate any ongoing removal proceeding and/or any active parole status."

For any noncitizen DHS is aware of who does not meet the above conditions but who has been granted parole "under a policy that may be paused, modified, or terminated immediately" pursuant to the January 20 memorandum, "Exercising Appropriate Discretion Under Parole Authority," the memo directs DHS to "[t]ake all steps necessary to review the alien's case and consider, in exercising your enforcement discretion, whether any such alien should be placed in removal proceedings; and review the alien's parole status to determine, in exercising your enforcement discretion, whether parole remains appropriate in light of any changed legal or factual circumstances."

DHS personnel are authorized by the memorandum to "prioritize aliens eligible for expedited removal who failed to apply for asylum within the statutory deadline."

Subsequent Trump and Court Action

2025.02.28 ICE - Implementation Guidance for January 2025 Federal Register Notice, Designating Aliens for Expedited Removal

ICE Acting Director Caleb Vitello issued a memorandum to all ICE employees titled, "Implementation Guidance for January 2025 Federal Register Notice, Designating Aliens for Expedited Removal." The memorandum repeats much of the guidance in the Jan. 23 Memorandum from Benjamine Huffman, Acting Secretary of DHS and adds that the expanded expedited removal designation should be applied regardless of whether a noncitizen entered the country before the new designation was announced.

Further, the memorandum states that "[e]ach applicant for admission encountered by ICE" and placed in expedited removal proceedings under the new designation, "bears the affirmative burden to show to the satisfaction of the encountering immigration officer that he or she has been physically present in the United States continuously for the two-year period immediately preceding the date of the determination of inadmissibility." If a noncitizen is unable to provide that evidence immediately, they should be "permitted a brief but reasonable opportunity to obtain it or communicate with a third party to obtain such evidence." The memorandum outlines different procedures for noncitizens encountered by ICE who claim to be U.S. citizens or make claims to lawful permanent resident, refugee, or asylee status.

The memorandum predicts that expanded ER will mostly be used for people encountered through the Criminal Apprehension Program and during worksite enforcement, as well as on people in 240 removal proceedings.

Subsequent Trump and Court Action

2025.03.22 Amended Complaint - Make the Road New York v. Noem

A lawsuit challenging the expansion of expedited removal described in this entry was filed in the U.S. District Court for the District of Columbia. Make the Road New York v. Noem, No. 1:25-cv-00190 (D.D.C.). On March 22, 2025, the plaintiffs filed an amended complaint, which is the version included in this entry.

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2025.05.21 Reported: ICE arrests at WA immigration court spark fear of fast-track removal - Seattle Times

Multiple reports across the country—including in Miami, Seattle, and Chicago—indicate that U.S. Immigration and Customs Enforcement (ICE) has begun dismissing removal proceedings against respondents who have been in the country for less than two years, in order to place those individuals in expedited removal proceedings.

Subsequent Trump and Court Action

2025.06.10 Motion to Postpone Effective Date of Agency Action - Make the Road New York v. Noem

Make the Road New York moved to stay the effective date of the expanded expedited removal Federal Register Notice described in this entry and the guidance issued on January 23, 2025, implementing the expansion designation. The motion argues that the expansion violates the Due Process Clause of the Fifth Amendment and the INA by authorizing summary deportations of noncitizens already residing in the United States without notice or a hearing and challenges the use of expanded expedited removal against affirmative asylum applicants who entered without inspection as well as on the basis of people in the interior charged with not possessing valid entry documents. Plaintiffs contend that immediate postponement is necessary to prevent irreparable harm to their members, who now face sudden detention and removal while complying with lawful proceedings. Make the Road New York v. Noem, No. 1:25-cv-00190 (D.D.C.).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2025.08.29 Opinion Granting Motion for a Stay of Agency Action - Make the Road New York v. Noem

The U.S. District Court for the District of Columbia granted Plaintiffs' Administrative Procedure Act (APA) motion to stay the effective date of the expanded expedited-removal Federal Register Notice. The court explained that the 2025 expansion designation likely violates the Due Process Clause of the Fifth Amendment. More specifically, "[t]hose subject to the 2025 Designation are entitled, at minimum, to a meaningful opportunity to contest the predicate bases for expedited removal." Make the Road New York v. Noem, No. 1:25-cv-00190 (D.D.C.).

**Link to case here. See litigation note above**