January 24, 2025 Notice regarding Expedited Removal

January 22, 2025

On January 24, 2025, DHS will be publishing a Notice which designates who can be subjected to expedited removal, effective immediately. This notice rescinds the March 21, 2022 Notice, “Recission of the Notice of July 23, 2019, Designation for Expedited Removal.” This Notice essentially revitalizes the July 23, 2019 Notice. The purpose of this Notice is to “apply expedited removal to the fullest extent authorized by statute.”

Expedited removal places the decision to remove in the hands of ICE/DHS, stripping the EOIR of jurisdiction over these cases, except where the foreign national can demonstrate a credible fear of persecution. It also requires detention during the process, including further hearings before the immigration court for asylum where warranted.

The foreign nationals who will be impacted by the Notice are those who: “who did not arrive by sea, who are encountered anywhere in the United States more than 100 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 [those] who did not arrive by sea, who are encountered within 100 air miles from a U.S. international land border, and who have been continuously present in the United States for at least 14 days but for less than two years.” A person placed in expedited removal proceedings bears the affirmative burden to show that they have been in the U.S. continuously for the relevant period, two years. The designation does not apply to those who arrive at U.S. ports of entry as those individuals will already be subjected to expedited removal.

LHSCD is committed to staying on top of immigration-related news to provide the most up-to-date guidance and resources to our clients. If you have any questions about how this Notice might affect your case, please contact your attorney directly. To schedule a new consultation with one of our attorneys, please complete our consultation request form.

---