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2.0

Reported: DHS uses expedited removal on noncitizens continuously present for more than 2 years

  1. Original Date Announced

    May 20, 2025

    Litigation filed by individual and organizational plaintiffs in the D.C. District Court alleges that "on or about May 20, 2025, DHS issued new guidance that takes the position that a person can be subjected to expedited removal proceedings at any time so long as DHS alleged inadmissibility, presumably via an NTA, within two years after a noncitizen arrives in the United States."

    U.S. Immigration and Customs Enforcement (ICE) trial attorneys allegedly moved to dismiss removal proceedings against six of the individual plaintiffs in order to arrest them and process them for expedited removal notwithstanding the fact that they had already been present in the United States for more than two years at the time. Plaintiffs argue this policy violates the Administrative Procedure Act (APA) because it is both contrary to law and arbitrary and capricious. Immigration Advocates Response Collaborative v. Dep't of Justice, 1:25-cv-02279 (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.

    Trump 2.0 [ID # 1884]

    2025.07.16 Complaint - IARC v. DOJ

Current Status

None

Original Trump Policy Status

Status: Reported
Trump Administration Action: Change in Practice
Subject Matter: Interior
Agencies Affected: ICE

Documents

Trump-Era Policy Documents

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