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

2025.03.22 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

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

The New York Times reports that ICE circulated an internal memo on May 20, 2025, 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.”

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

2025.05.22 Reported: ICE dismissing pending cases to initiate expedited removal - Fox News

ICE 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 to Fox News, 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."

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.).

**See litigation note above**