DHS restores expedited removal to the full statutory scope

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

Operative dateJanuary 21, 2025

CategoryHumanitarian, other

Policy toolProcessing

Policy effect

DHS rescinded the 2022 limits on expedited removal and restored use of expedited removal to the fullest scope authorized by Congress.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Secretary ( printed page 8139) AGENCY: Office of the Secretary, Department of Homeland Security ACTION: Notice. SUMMARY: This Notice rescinds the March 21, 2022 Notice, Rescission of the Notice of July 23, 2019, Designation for Expedited Removal. This Notice also restores the scope of expedited removal to the fullest extent authorized by Congress. DATES: This designation is effective on 6:00 p.m. EST on Tuesday January 21, 2025. FOR FURTHER INFORMATION CONTACT: Joseph Mazarra, Office of the General Counsel, Department of Homeland Security, 202-282-9256. SUPPLEMENTARY INFORMATION: I. Background This Notice rescinds the March 21, 2022 Notice, Rescission of the Notice of July 23, 2019, Designating Aliens for Expedited Removal,[1] which limited the application of expedited removal procedures to certain aliens under the Immigration and Nationality Act (INA), to the extent the March 21, 2022 Notice is inconsistent with this Notice. This Notice enables the U.S. Department of Homeland Security (DHS) to exercise the full scope of its statutory authority to place in expedited removal, with limited exceptions, aliens [2] determined to be inadmissible under sections 212(a)(6)(C) or (a)(7) of the INA … my sole and unreviewable discretion, as follows: (A) The Notice titled Designating for Expedited Removal,87 FR 16022 (March 21, 2022), is hereby rescinded, effective immediately. (B) I designate for expedited removal the following categories of aliens not ( printed page 8140) 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 …

Federal Register 90 FR 8139Federal Register 90 FR 8139. DHS restores expedited removal to the full statutory scope. Effective 2025-01-21.Open official source

Retrieved from https://www.federalregister.gov/documents/2025/01/24/2025-01720/designating-aliens-for-expedited-removal

Review method

Two separate automated exact-claim source reviews

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DHS restores expedited removal to the full statutory scope

Policy effect

Official source excerpt

Review method

Other United States changes operative in 2025