Original Date Announced

Acting Secretary of DHS Benjamine Huffman issued a memorandum to ICE, CBP, and USCIS titled, "Guidance Regarding How to Exercise Enforcement Discretion."

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 you 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 you 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."

Trump 2.0 [ID #1447]

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 pursuant to the Federal Register Notice issued on January 21, 2025, was filed on January 22, 2025. On March 22, 2025, the plaintiffs filed an amended complaint to also challenge the guidance described above. The amended complaint is the version included in this entry. Make the Road New York v. Noem, No. 1:25-cv-00190 (D.D.C.).

**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

2025.06.11 Amended Complaint - CHIRLA v. Noem

The Coalition for Humane Immigrant Rights (CHIRLA), UndocuBlack Network, and CASA filed a lawsuit on March 24, 2025, challenging the Trump administration’s policies exposing parolees to expedited removal, including the memorandum described above. On June 11, 2025, the plaintiffs filed an amended complaint, which is the version included in this entry. The amended complaint alleges that the Trump administration's actions violate the Administrative Procedure Act and Constitution. Coalition for Humane Immigrant Rights v. Noem, No. 1:25-cv-00872 (D.D.C.).

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

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 issued on January 21, 2025, and the guidance implementing the expansion designation that is the subject of this entry. 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**

Subsequent Trump and Court Action

2025.06.11 Motion for Stay - CHIRLA v. Noem

Plaintiffs moved to immediately postpone and stay "the effective dates of implementation and enforcement of the January 23 Huffman Memorandum, February 18 ICE Directive, and March 25 Parole Termination Notice for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) insofar as they subject individuals who have previously been granted parole at ports of entry to expedited removal." Coalition for Humane Immigrant Rights v. Noem, No. 1:25-cv-00872 (D.D.C.).

**See litigation note above**