Department of Homeland Security's Authority to Expand Expedited Removal [Updated April 6, 2022] [open pdf - 757KB]
From the Document: "Non-U.S. nationals ('aliens', as the term is used in federal statute [hyperlink]) apprehended by immigration authorities when attempting to unlawfully enter the United States are generally subject to a streamlined, expedited removal process [hyperlink], in which there is no hearing or further review of an administrative determination that the alien should be removed. Since the enactment of the expedited removal statute in 1996, expedited removal has been used primarily with respect to [hyperlink] aliens who have either arrived at a designated port of entry or were apprehended near the border shortly after surreptitiously entering the United States. The Immigration and Nationality Act (INA), however, authorizes the Secretary of the Department of Homeland Security (DHS) to apply expedited removal more broadly to aliens in 'any part' of the United States who have not been admitted or paroled [hyperlink] by immigration authorities, if those aliens have been physically present in the country for less than two years and either did not obtain valid entry documents or procured their admission through fraud or misrepresentation. In 2019, during the Trump Administration, DHS issued notice that it was expanding the use of expedited removal to the full extent permitted under the INA. A federal appellate court upheld [hyperlink] the expansion against a legal challenge seeking to stop its implementation. However, in March 2022, during the Biden Administration, DHS Secretary Alejandro Mayorkas rescinded [hyperlink] the expansion. As a result, expedited removal remains limited in its application to aliens apprehended at or near the border. Nonetheless, DHS retains the authority to expand the use of expedited removal, and that authority may continue to prompt significant questions concerning the relationship between the federal government's broad power over the entry and removal of aliens and the due process rights of aliens located within the United States."
CRS Legal Sidebar, LSB10336
Congressional Research Service: https://crsreports.congress.gov/