The U.S. Department of Homeland Security (DHS) has published a notice expanding the ability of Immigration and Customs Enforcement (ICE) to remove individuals deemed unlawfully present in the United States who are unable to prove U.S. residency for at least two years. It states, “This designation is effective on 6:00 p.m. EST on Tuesday January 21, 2025.” The new DHS notice rescinds a Biden Administration notice on the same subject issued on March 21, 2022.
Expedited removal is a process used by ICE to remove individuals from the United States without a hearing before an immigration judge. Traditionally, expedited removal has been used to remove individuals with outstanding removal orders issued by an immigration judge, individuals seeking admission at ports of entry who are found inadmissible, individuals unlawfully present who are found near the border shortly after arrival, and individuals who arrive by sea.
The notice already faces a legal challenge. The American Civil Liberties Union filed a lawsuit in U.S. District Court in Washington, D.C. The suit alleges that the notice violates the Fifth Amendment due process clause, the Immigration and Nationality Act, and the Administrative Procedure Act.
Critics warn that the notice is likely to result in the removal of U.S. citizens, individuals with bona fide fears of persecution in their home countries who have not yet filed asylum claims, and individuals with removal orders that may have been issued in absentia.
