Department of Homeland Security's Nationwide Expansion of Expedited Removal [Updated October 2, 2019] [open pdf - 657KB]
From the Document: "'Following the initial publication of this Legal Sidebar, several immigration advocacy groups filed a lawsuit in the U.S. District Court for the District of Columbia, challenging the Department of Homeland Security's (DHS) nationwide expansion of expedited removal. The plaintiffs alleged, among other things, that DHS violated the Administrative Procedure Act (APA) because the agency failed to comply with notice-and-comment procedures before announcing the expedited removal expansion, and the agency did not offer a 'reasoned explanation' for its decision. The plaintiffs also argued that the expedited removal expansion violated the Fifth Amendment's Due Process Clause because it deprives individuals who have lived in the United States for lengthier periods of time an opportunity to contest their removal at a hearing. [...] In reviewing the expedited removal expansion, the court concluded that DHS likely violated the APA by not complying with notice-and-comment procedures before announcing the expansion, and failing to consider the 'potential negative impacts' of expanding expedited removal into the interior of the United States.'"
CRS Legal Sidebar, LSB10336
Congressional Research Service: https://crsreports.congress.gov/