FACT BRIEF

Did US immigration agents recently gain significantly broader deportation authority?

Thursday, October 15, 2020

By Austin Tannenbaum

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YES

Last year, the Department of Homeland Security announced that it would expand its “expedited removal” policy to include anyone in the U.S. who cannot prove a legal right of residence and has been in the country less than two years. Previously, the rule applied only to those who entered the country by sea or those who entered by land who were encountered within 100 miles of the border and had been in the country less than 14 days.

Under expedited removal, individuals who cannot immediately provide documentation may be detained, interviewed, and, barring a finding of a credible fear of returning to their home country, deported in as little as one day without a hearing. After withstanding legal challenges, the expanded scope may now be used by Immigrations and Customs Enforcement agents who complete an online training.

This fact brief is responsive to conversations such as this one.

Sources

Bloomberg Government: Undocumented migrants face fast removals in renewed Trump push

White House: Executive order on border security

Federal Register: Designating aliens for expedited removal

Federation of American Scientists: Congressional Research Service—Department of Homeland Security announcement of expanded expedited removals

American Immigration Council: A primer on expedited removal

Immigration and Customs Enforcement: ICE implements July 23, 2019 expedited removal designation

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