A Federal Appeals court ruling appears to have cleared the way for the Trump Administration’s expanded use of “expedited removals.” The lower court’s order blocking implementation of the rule was vacated and the cases were sent back to the lower court for further arguments.
Back in July of 2019, DHS announced the expanded the use of expedited removal. Expedited Removal allows the government to deport (remove) people from the United States without a hearing in front of an immigration judge. In general, ER can be applied to people who enter the United States without being inspected and admitted or if a person is accused of entering the United States through fraud or misrepresentation. Historically, DHS has limited the scope of expedited removal to the border or within 100 miles of the border and only applied it to people who had been in the United States for 14 days or less. With the expanded expedited removal rule, DHS can execute expedited removal against anyone who entered the country without inspection and is found anywhere within the United States if they cannot prove that they have been continuously physically present in the United States for at least two years.
The appeals court’s ruling is not effective immediately and it is unclear whether the plaintiffs will seek en banc review. There is also the possibility that the lower court will issue a new injunction using different rationale. However, as it stands, it appears that DHS will be able to begin enforcing its expanded expedited removal in the coming weeks.
It may be advisable to carry proof of immigration status (if applicable). Those who do not have immigration status may want to consider carrying proof that they have resided in the United States for more than two years (i.e. children’s birth certificates, medical records, pay stubs, etc.). If you have any questions or would like advice specific to your situation, please schedule a consultation or meeting with one of our attorneys.
On June 22, 2020, President Trump issued a proclamation suspending and limiting the entry of any individual seeking admission pursuant to the following visa categories: H-1B; H-2B; L-1; J-1 to…
Following its notice of proposed rulemaking issued last September, USCIS announced on June 19, 2020 that it would adopt its proposed regulations affecting the approval of initial work permit applications…
Joseph & Hall P.C. is a full-service immigration law firm. We pride ourselves on being nationwide experts in all areas of immigration law, including the practice areas listed below. Our attorneys frequently are asked to speak both locally and nationally on a wide variety of immigration topics. For an overview of each practice area, please click the links below. If you have any questions about how these practice areas may apply to your case, please do not hesitate to contact our firm.
Countless people dream of becoming a U.S. citizen. If your application was rejected by the USCIS, we are here to fight for your best interests.
We assist entrepreneurs, business owners and investors with corporate immigration needs. We understand the urgency of these issues and work to solve the matter efficiently.
We provide a range of family immigration services to help you determine whether you qualify for citizenship.
Deportation can split your family apart and make the future uncertain. Build a solid legal defense alongside our immigration attorneys.
Get in touch with us. Write us a message.