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Original Date Announced
February 18, 2025ICE sent an email directive to Enforcement and Removal Operations (ERO) officers directing them to consider for expedited removal when they report to an ERO office all noncitizens previously released by CBP who have not affirmatively applied for asylum with USCIS. This includes (1) paroled "arriving aliens"; (2) "aliens" issued a Notice to Report (NTR); and (3) "aliens" processed for Parole + ATD or Parole with Conditions (PWC).
For "arriving aliens," the directive states that "[t]here is no time limit on the ability to process such aliens for ER."
For NTR, Parole + ATD, and PWC cases, the directive states that they are subject to ER if they are inadmissible under either INA 212(a)(6)(C) or (a)(7) and either the initial CBP encounter was within 14 days and 100 air miles of the border or the noncitizen has not been continuously physically present in the US for two years prior to the inadmissibility finding by ERO.
Individuals not processed for ER should be placed in removal proceedings in immigration court.
If a noncitizen in in active parole status, the NTA or ER charging document will serve to terminate their parole.
This email directive seems to expose millions of individuals who came to the country legally on parole programs (e.g., CHNV, U4U, Afghan parole, family reunification parole, CAM) to expedited removal. It additionally seems to reinterpret the temporal limits on expanded ER to allow people to be subjected to ER even if they have lived in the country continuously for well past two years.
Trump 2.0 [ID# 1587]
2025.02.18 ICE Email Directive on Expedited Removal and Nondetained DocketEffective Date
February 18, 2025Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Border Interior Enforcement HumanitarianAgencies Affected: ICEAssociated or Derivative Policies
- January 20, 2025 EO 14165: "Securing Our Borders"
- January 21, 2025 DHS Expands Expedited Removal to the Maximum Extent Authorized by Statute
- January 23, 2025 DHS provides guidance for use of expanded expedited removal, including for parolees
Documents
Trump-Era Policy Documents
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Commentary
Washington Post: Trump seeks to fast-track deportations of hundreds of thousands
February 28, 2025, Washington Post story on the ICE email directive discussing application to Nicaraguans, Venezuelans, and others who entered legally on a Biden parole program, including those who entered after making a CBP One appointment to present at a port of entry.
Go to articleReuters: Trump to revoke legal status for 240,000 Ukrainians as US steps up deportations
March 6, 2025, Reuters story on the ICE directive discussing application to Ukrainian parolees
Go to article