U.S. Immigration and Customs Enforcement (ICE) can now implement the expedited removal designation of certain aliens following a recent order by the U.S Court of Appeals for the D.C. Circuit lifting a preliminary injunction issued on July 27, 2019.
Former Acting Secretary of Homeland Security Kevin. K. McAleenan ordered the Designation of Aliens for Expedited Removal on July 23, 2019, but the implementation of McAleenan's designation was put on hold until the injunction was lifted on Sep. 30, 2020.
"Our ability to implement this important statutory tool will further enable us to protect our communities and preserve the integrity of our nation's congressionally mandated immigration laws," said Tony Pham, senior official performing the duties of ICE director.
Under the July 2019 designation, aliens are subject to expedited removal if they are not already the subject of an expedited removal destination, encountered anywhere within the United States, have not been admitted or paroled into the United States, are not determined to be inadmissible under sections 212(a)(6)(C) or (a)(7) of the Immigration and Nationality Act (INA), and have not shown satisfactory evidence to an immigration officer that they've been physically present in the United States continuously over the two-year period immediately preceding the date they were determined to be inadmissible. Expedited removal does not apply to unaccompanied alien children.
ICE officers, special agents, and attorneys are required to undertake training before implementing the July 2019 designation.
When the new designation of aliens subjected to expedited removal was announced, the Department of Homeland Security (DHS) said the use of the new designation will help alleviate some of the burden and capacity issues currently faced by DHS and the Department of Justice by allowing DHS to more quickly remove certain aliens encountered in the interior.