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Posted on Aug 18, 2019

Ferrara Law Offices - Immigration Lawyer

Expedited Removal

Created in 1996, expedited removal is a process by which low-level immigration officers can quickly deport certain noncitizens who are undocumented or have committed fraud or misrepresentation. Since 2004, immigration officials have used expedited removal to deport individuals who arrive at our border, as well as individuals who entered without authorization if they are apprehended within two weeks of arrival and within 100 miles of the Canadian or Mexican border.

On July 23, 2019, DHS announced that it is significantly expanding expedited removal to apply throughout the United States to individuals who have been in the United States for less than two years. This significant expansion will mean that DHS officers will be able to bypass immigration court and put noncitizens on a fast track removal.

On August 6, 2019, the American Immigration Council, the American Civil Liberties Union (ACLU), and the law firm of Simpson Thatcher & Bartlett LLP filed a lawsuit in the U.S. District Court for the District of Columbia, challenging the expansion of expedited removal. Make the Road New York v. McAleenan, Case 1:19-cv-02369. Plaintiffs are three organizations with members who are subject to the new rule. Plaintiffs claim that the new rule violates the Due Process Clause of the Fifth Amendment, the Administrative Procedure Act, and federal immigration laws. Plaintiffs have asked the court to prevent DHS from continuing to apply the rule.
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