DHS Unleashes Full Expedited Deportations Nationwide Again
Published Date: 1/24/2025
Notice
Summary
Starting January 21, 2025, the Department of Homeland Security is bringing back the full power to quickly remove certain people who try to enter the U.S. without permission. This change affects those caught within two years of arriving, no matter where they are in the country, reversing limits set in 2022. It means faster decisions and fewer delays, but no new fees or costs for the public.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Expedited removal expanded nationwide
If you are not a U.S. citizen, DHS restored the full scope of expedited removal effective January 21, 2025. That means DHS can apply expedited removal to noncitizens who have not been admitted or paroled and who have been continuously present in the United States for less than two years, including those encountered anywhere more than 100 air miles from a U.S. land border or within 100 air miles who have been present at least 14 days but less than two years.
Affirmative burden to prove presence
If you are placed in expedited removal under this designation, you must affirmatively show to the satisfaction of an immigration officer that you have been continuously present in the United States for the relevant period (e.g., two years). The Notice makes the individual the party with the burden to prove continuous presence when challenged under these expedited removal categories.
No new public fees or costs
The Notice states the change will produce faster decisions and fewer delays and that there are no new fees or costs for the public. This statement applies as the designation takes effect on January 21, 2025.
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