Expedited Removal for Families is Back! DHS Statement on the Resumption of Expedited Removal for Certain Family Units

The Department of Homeland Security on July 26 announced the comeback of expedited removal:

“Beginning today, certain family units who are not able to be expelled under Title 42 will be placed in expedited removal proceedings.  Expedited removal provides a lawful, more accelerated procedure to remove those family units who do not have a basis under U.S. law to be in the United States.    

Attempting to cross into the United States between ports of entry, or circumventing inspection at ports of entry, is the wrong way to come to the United States.  These acts are dangerous and can carry long-term immigration consequences for individuals who attempt to do so.  The Biden-Harris Administration is working to build a safe, orderly, and humane immigration system, and the Department of Homeland Security continues to take several steps to improve lawful processing at ports of entry and reforms to strengthen the asylum system. ” 

As Bill Hing posted yesterday, President Biden has just announced a number of immigration measures.  Improving expedited removal was part of the Biden package:

“Improving the expedited removal process for those who arrive at the border. The Administration is working to improve the expedited removal process at the border to fairly and efficiently determine which individuals have legitimate claims for asylum and other forms of protection. Asylum and other legal migration pathways should remain available to those seeking protection. Those not seeking protection or who don’t qualify will be promptly removed to their countries of origin.”

The return of expedited removal as the Biden administration seeks to quiet immigration critics has not been greeted with enthusiasm by immigrant rights advocates.  It comes as Texas is ramping up its own immigration enforcement efforts.   A New York Times by Miriam Jordan quotes Lee Gelernt, a lawyer at the American Civil Liberties Union, on the Biden  administration’s announcement:  “Jamming desperate families through an expedited asylum process would deny them the most basic due process protections and can hardly be called humane.”  

Click here to see a summary of the Biden immigration plan. Alex Roarty and and Adam Wollner in the Sacramento Bee outline the complex political issues facing the Biden administration and Democrats on immigration.

It was noteworthy to me that the first items on the Biden list (under the heading “ENSURING A SECURE, HUMANE AND WELL-MANAGED BORDER”) were immigration enforcement measures, such as the call for improvements to expedited removal.  At the end of his list, Biden notes that

“Congress should pass through reconciliation or other means:

• The U.S. Citizenship Act (H.R. 1177/S. 348) that reunites families, gives businesses access to a workforce with full labor rights, and creates a path to citizenship for those already living and working in the United States.  These critical reforms, coupled with measures to address the root causes of migration from Central America, will relieve pressure at the border by dissuading irregular migration.

• The Dream and Promise Act (H.R. 6) and Farm Workforce Modernization Act (H.R. 1603) to create a path to citizenship for Dreamers, TPS recipients, and farmworkers. Both bills passed the House with bipartisan support.  They will protect millions of families, children, and essential workers who live, work, study, and worship in our communities. 

Official White House Photo

KJ