The Volokh Conspiracy
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DHS Will Enforce Expedited Removal To "Full Scope Of Its Statutory Authority"
DHS will subject to expedited removal aliens "who are apprehended anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years"
On Tuesday evening, DHS announced that it would expand expedited removal to the full extent authorized by statute. Expedited removal empowers the government to remove an alien with far fewer processes and protections. Now, expedited removal would apply regardless of where the alien is apprehended.
The order provides:
I designate for expedited removal the following categories of aliens not currently designated: (1) Aliens who did not arrive by sea, who are apprehended anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years; and (2) aliens who did not arrive by sea, who are apprehended within 100 air miles from a U.S. international land border, and who have been continuously present in the United States for at least 14 days but for less than two years. Each alien placed in expedited removal under this designation bears the affirmative burden to show to the satisfaction of an immigration officer that the alien has been present in the United States continuously for the relevant period. This designation does not apply to aliens who arrive at U.S. ports of entry, because those aliens are already subject to expedited removal. Nor does this designation apply to or otherwise affect aliens who satisfy the expedited removal criteria set forth in any of the previous designations.
I wrote about expedited removal in this post from 2017. Trump was thwarted in enacting this sort of policy in his first administration, but it seems he is doing so right away in the second administration.
Get ready for litigation about whether this policy violates the Suspension Clause. Peter Margulies wrote about this issue in 2020.
