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ICE implements expanded scope for expedited removal

  1. Date Announced

    Oct. 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]

    View Policy Document
  2. Effective Date of Change

    Oct. 21, 2020
  3. Subsequent Action

    December 8, 2020

    Democracy Forward, the National Immigrant Justice Center, and Latham & Watkins LLP filed lawsuit alleging that “removal orders issued by unappointed CBP agents violate the Constitution’s Appointments Clause, which requires that government officials who exercise “significant authority” be appointed to their positions by the president or cabinet secretaries in order to ensure public oversight and accountability.” 

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    I.M. v. CBP (D.D.C)

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.”

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