What happened?

On January 21, 2025, the Department of Homeland Security (DHS) enacted a policy change expanding the categories of individuals subject to expedited removal by Immigration and Customs Enforcement (ICE).

Overview:

The DHS recently expanded the categories of individuals subject to expedited removal by ICE, allowing the agency to remove individuals deemed unlawfully present in the United States who cannot prove at least two years of continuous U.S. residency.

• The new notice rescinds a previous policy from the Biden Administration issued in March 2022.

• It has already faced legal challenges,

Additional Details

• Expedited removal allows ICE to deport individuals without a hearing before an immigration judge.
  • It is typically used for those with removal orders, inadmissible at ports of entry, near the border shortly after arrival, or arriving by sea.

• What changed? Previously, ICE and CBP used expedited removal within 100 miles of the border and 14 days of arrival.
  • Now, it can be done anywhere in the country against any undocumented person who cannot prove two years of continuous U.S. residency before arrest, including those who entered through a parole program.

Source References

• DHS Notice: Designating Aliens for Expedited Removal
• DHS Memorandum: Guidance Regarding How to Exercise Enforcement Discretion

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.