Challenging the Expansion of Expedited Removal

Challenging the Expansion of Expedited Removal

Make the Road New York v. McAleenan, Case 1:19-cv-02369


Expedited removal is a procedure that allows a Department of Homeland Security (DHS) official to summarily deport a noncitizen without a hearing before an immigration judge or meaningful review.

Individuals subjected to expedited removal may be removed within hours of apprehension, without an opportunity to:

  • Speak with an attorney.
  • Gather evidence or call witnesses.
  • Present a claim for relief from removal, other than a truncated process for expressing fear of persecution.
  • Seek review of their expedited removal order except under limited circumstances.

For over two decades, federal immigration authorities have authorized the use of expedited removal narrowly: to noncitizens who are seeking admission at a port of entry, who have been apprehended near the border shortly after they entered the country, or who arrive in the United States by sea.    

On July 23, 2019, DHS issued a new rule to expand the reach of expedited removal to individuals who have been living in the United States for two years or less, and who live anywhere in the United States.

This case challenges this expansion of expedited removal. Plaintiffs are three organizations with members who are subject to the new rule. Plaintiffs claim that the new rule violates the Due Process Clause of the Fifth Amendment, the Administrative Procedure Act, and federal immigration laws.  

The case was filed on August 6, 2019 in the U.S. District Court for the District of Columbia by the American Immigration Council, the American Civil Liberties Union, and the law firm of Simpson Thatcher & Bartlett LLP. On August 9, 2019, Plaintiffs filed a motion seeking a preliminary injunction to prevent DHS from continuing to apply the rule while the case is being litigated. In response to that motion, the government disclosed internal guidance indicating that U.S. Immigration and Customs Enforcement would begin subjecting noncitizens to expanded expedited removal “on or about September 1, 2019.”  A hearing on Plaintiffs’ preliminary injunction motion is scheduled for September 6, 2019.

Follow this case:

  • August 6, 2019
    The American Immigration Council, American Civil Liberties Union, and Simpson Thacher & Bartlett LLP filed a federal lawsuit today challenging the Trump administration’s new rule that massively expands fast-track deportations without a fair legal process such as a court hearing or access to an attorney.

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