DHS Expands Expedited Removal

07/23/2019

Today the Department of Homeland Security ("DHS") published a notice in the Federal Register that designates new groups of foreign nationals subject to expedited removal. Effective today, the notice designates two new groups as subject to expedited removal:

1) Aliens who did not arrive by sea, who are encountered anywhere in the United States more than one hundred 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 encountered within one hundred air miles from a U.S. international land border, and who have been continuously present in the United States for at least fourteen days but for less than two years.

In 2004, DHS designated foreign nationals encountered within fourteen days of entry and within one hundred miles of the border as subject to expedited removal.

In its announcement of the new designations, DHS noted unaccompanied minors are not subject to expedited removal and anyone who expresses an intention to apply for asylum will be referred for an credible fear interview with an asylum officer.