The Biden administration suspends expedited deportation policy

On Thursday, October 14, the Biden administration suspended a policy that allowed ICE (Immigration and Customs Enforcement) agents to expand express or expedited deportations.

This policy (modified by former President Trump’s administration) exponentially increased the scenarios in which ICE officers could arrest and expel undocumented immigrants in a matter of hours.

It is worth clarifying that ICE is one of the branches of DHS (Department of Homeland Security) in charge of enforcing immigration law both at the borders and within the US.

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Trump’s expedited removal rule

Usually, undocumented immigrants detained by ICE within the US must be placed in removal proceedings, which includes a hearing in front of an immigration judge, who will decide whether they should be expelled from the country or meet the eligibility requirements to apply for legal documentation.

The general rule states that ICE agents may use expedited removals, that is, carry out deportations without due process of an immigration hearing, when detaining undocumented foreigners within 100 miles of the borders and as long as they have resided in the US for up to two weeks.

However, the Trump administration modified this rule and empowered ICE officers to use expedited removals with undocumented immigrants detained anywhere in the US if they had resided in the country for up to two years.

Naturally, this policy update, aside from instilling fear among immigrant communities, also greatly increased expedited removal levels.

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Implementation of the express deportation rule

The Trump administration officially implemented this rule in 2019. Later that year, a federal judge stayed Trump’s policy update, stating that expedited removals should only be used for people who have been in the US for a short period of time and in border territory.

However, in June 2020, a Court of Appeals blocked the federal judge’s verdict and gave the Trump administration the green light to expand express deportations. In October 2020, ICE issued the new guidelines regarding expedited removals.

DHS is still in the midst of reviewing updates made by Trump on immigration law enforcement protocols and, following President Biden’s order, “The review shall consider our legal and humanitarian obligations”.

We want to provide constant accompaniment during your immigration process and help you build the future you want and deserve in the US. Contact Motion Law Immigration and follow the advice of our experienced attorneys, regardless of whether you need help starting an immigration process from scratch, if you need to apply for your legal documentation or if you have a pending process.

Do not hesitate to seek professional guidance for your immigration case!

We understand that starting an immigration process requires constant dedication and expert help. Our team is highly qualified to guide you through your immigration journey in the US, so please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.