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Original Date Announced
October 21, 2020ICE announces 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 designationEffective Date
October 21, 2020Subsequent Trump-Era and Court Action(s)
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December 8, 2020
I.M. v. CBP (D.D.C)
Democracy Forward, the National Immigrant Justice Center, and Latham & Watkins LLP filed a 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.” Filings are available at: https://holdcbpaccountable.org/2021/05/06/i-m-v-u-s-customs-and-border-protection/
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document
Biden Administration Action: Other
July 26, 20212021.07.26 DHS Statement on the Resumption of Expedited Removal for Certain Family Units
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 DocumentBiden Administration Action: Modified
October 14, 20212021.10.14 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 DocumentBiden Administration Action: Revoked/Replaced
March 21, 20222022.03.21 Rescission of the Notice of July 23, 2019, Designating Aliens for Expedited Removal
This Biden administration action revokes in its entirety the Trump-era policy in this entry.
On March 21, 2022, DHS published a notice in the Federal Register rescinding the July 23, 2019 Notice Designating Aliens for Expedited Removal, which expanded expedited removal to the maximum extent permitted by the INA. The new notice "leaves in effect the prior discretionary designations that have, for over two decades, extended expedited removal to additional categories of noncitizens."
View DocumentCurrent Status
Not in effectJuly 26, 2021Acted on by Biden Administration
October 14, 2021Acted on by Biden Administration
March 21, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Agency DirectiveSubject Matter: Interior Border Hearings and AdjudicationsAssociated or Derivative Policies
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.comBiden Administration Announces Plans to Ramp up Deportations of Families Arriving at the Border
Under the new plan, it appears that all families will be put through the initial stages of the expedited removal process. U.S. Customs and Border Protection (CBP) officers must ask each family whether they are afraid to return to their home country. The new policy indicates that those families who tell CBP officials they are afraid to return home will be taken out of the expedited removal process. They will then get to pursue their protection claims before the immigration court outside of detention. This means that, unlike in previous years, the Biden administration will not send families who express a fear of return to detention centers for so-called “credible fear” interviews. Families who do not—or are unable to—express a fear while in CBP custody, however, will have an order of expedited removal issued against them. They will then be rapidly deported through the Electronic Nationality Verification Program.
Go to article on immigrationimpact.com