What is expedited removal?
“Expedited removal” refers to a process used by Immigration and Customs Enforcement (“ICE”) to rapidly remove immigrants from the United States without a chance for a hearing before an Immigration Judge. The Immigration and Nationality Act (“INA”) gives the Secretary of the Department of Homeland Security (“DHS”) the sole and unreviewable discretion to modify the scope of who is designated for expedited removal.
Change in Policy
The Secretary of DHS recently announced a new policy governing expedited removal. Previously, expedited removal was controlled by a notice issued by the Secretary of DHS on March 21, 2022. Under the March 2022 notice, the Secretary limited the use of expedited removal to immigrants apprehended by immigration offices within 100 miles of a U.S. international land border and who were continuously present in the United States for less than 14 days preceding the date of apprehension.
As of 6:00pm EST on January 21, 2025, this policy changed. The Secretary of DHS greatly expanded the scope of expedited removal, making it apply to immigrants who are “unlawfully present” anywhere in the United States, who are unable to prove U.S. residency for a period of two years preceding the date of apprehension.
What happens now?
The new expedited removal policy is already facing legal challenges. For example, the American Civil Liberties Union (“ACLU”) files a lawsuit in the U.S. District Court for the District of Columbia. The ACLU argues that the new policy violates the 5th Amendment Due Process Clause, the INA and the Administrative Procedure Act (“APA”).
If you are facing expedited removal or have further questions, contact us today for assistance.