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ICE implements expanded scope for expedited removal

  1. Original Date Announced

    October 21, 2020

    ICE announced that it will implement expanded expedited removal as directed by former DHS Acting Secretary Kevin McAleenan in July 2019. The change permits expedited removal of two additional classes of undocumented immigrants, individuals who: (1) (a) did not arrive by sea, (b) are encountered anywhere in the U.S. more than 100 air miles from a land border, and (c) have been continuously present in the U.S. for less than two years; and (2) (a) did not arrive by sea, (b) are encountered within 100 air miles from an international land border, and (c) have been continuously present in the U.S. for at least 14 days but for less than two years. [ID #1121]

    ICE implements July 23, 2019 expedited removal designation
  2. Effective Date

    October 21, 2020
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  4. Biden Administration Action: Other

    July 26, 2021

    2021.07.26 DHS Statement on the Resumption of Expedited Removal for Certain Family Units

    This Biden administration action is a continuation of the Trump-era policy in this entry.

    On July 26, 2021, DHS announced that certain families that cannot be expelled under Title 42 will be subject to expedited removal. Since April 2020, most people arriving at the border have been expelled under Title 42, and expedited removal has been used sparsely.

    View Document
  5. Biden Administration Action: Under Study

    October 14, 2021

    2021.10.14 The Biden Administration Has Suspended A Trump-Era Policy That Put Immigrants At Risk Of Being Deported Without Due Process

    This reported Biden administration action modifies the Trump-era policy identified in this entry.

    On October 14, 2021, after Buzzfeed News reported that the Biden administration had used expanded expedited removal to deport four individuals this year, a DHS spokesperson announced that “DHS’s review of expanded expedited removal is ongoing. This particular application of expedited removal was used in an exceedingly small number of cases under the Biden Administration and will not be used moving forward until the Department’s review is completed.”

    View Document

Current Status

Partially in effect
July 26, 2021
Acted on by Biden Administration
October 14, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Agency Directive
Agencies Affected: DHS CBP ICE

Commentary

  • ICE Is Planning To Fast-Track Deportations Across The Country

    In a memo obtained by BuzzFeed News, ICE Director Pham laid out how the policy will be used: “As a practical matter, I anticipate that the July 23, 2019 designation will be primarily used by ICE in the Criminal Alien Program and Work Enforcement contexts, when Deportation Officers encounter aliens who have been arrested by another law enforcement agency for criminal activity or when Special Agents encounter unlawful workers at worksites targeted for enforcement action based on investigative leads.”

    Go to article on buzzfeednews.com
  • Biden Administration Announces Plans to Ramp up Deportations of Families Arriving at the Border

    Go to article on immigrationimpact.com

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