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Federal Appeals Court to Allow Expanded Expedited Removal

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Federal Appeals Court to Allow Expanded Expedited Removal

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What Happened

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.

Background

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.

What is Next

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.

What to Do

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.

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