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2.0

DHS Expands Expedited Removal to the Maximum Extent Authorized by Statute

  1. Original Date Announced

    January 21, 2025

    DHS rescinds the March 21, 2022, Notice, Rescission of the Notice of July 23, 2019, Designating Aliens for Expedited Removal, and through notice in the Federal Register 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]

    2025.01.24 FRN Designating Aliens for Expedited Removal
  2. Effective Date

    January 21, 2025
  3. Subsequent Trump and Court Action(s)

    • January 22, 2025

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

      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 N.Y. v. Noem, 1:25-cv-00190-JMC (D.D.C.). On March 22, 2025, the plaintiffs filed an amended complaint, which is the version included in this entry.

      **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

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    • May 21, 2025

      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.

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    • May 22, 2025

      Tweet re: ICE dismissing pending cases to initiate expedited removal - Fox News

      U.S. Immigration and Customs Enforcement confirms that it is moving to dismiss immigration proceedings against certain noncitizens who arrived in the United States within the last two years and subsequently arresting such noncitizens at their immigration court hearings so that they may be processed for expedited removal. In a statement, DHS asserted that "if [an immigrant has] a valid credible fear claim, they will continue in immigration proceedings, but if no valid claim is found, aliens will be subject to a swift deportation."

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    • May 30, 2025

      2025.05.30 Reported: ICE asks prosecutors to help with arrests at immigration courthouses - NYT

      The New York Times reports that ICE circulated an internal memo instructing government prosecutors to help deportation officers with arrests at courthouses by moving to dismiss immigration cases for noncitizens who would then be subject to expedited removal. Prosecutors were told to give ICE officers at least two days to plan for an arrest in court and to give the courts a 24-hour warning, and to provide deportation officers “the exact location of the courtroom at which the alien’s hearing is being held and an estimate of the time frame for the hearing.” The operations constitute a "significant break from past practice, when emigration officials largely steered clear of courthouse arrests out of concern that they would deter people from complying with orders.”

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Current Status

None

Original Trump Policy Status

Trump Administration Action: Agency Directive
Subject Matter: Border Interior
Agencies Affected: DHS

Pre Trump-Era Policies

Commentary

  • 2025.05.30 AILA - Policy Brief: ICE Arrests at Immigration Courts

    AILA released a policy brief summarizing reports of ICE arrests at immigration courts, including the individuals being targeted, common elements across cases, impacts on due process, and the broader policy implications.

    Go to article

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