Through a process called “expedited removal,” many immigrants apprehended within 100 miles of the border may be detained until deportation without a hearing in immigration court.Michael D. Shear and Ron Nixon, “New Trump Deportation Rules Allow Far More Expulsions,” New York Times, February 21, 2017.For the expedited removal regulations, see 8 CFR. §1235.3 (2004) (inadmissible aliens and expedited removal).
In January 2017, President Trump issued an executive order instructing the Department of Homeland Security (DHS) to explore significantly expanding the use of expedited removal.Exec. Order No. 13767, 82 Fed. Reg. 8793 (Jan. 25, 2017). Also see The White House, “Executive Order: Border Security and Immigration Enforcement Improvements,” press release (Washington, DC: The White House, January 25, 2017). While such an expansion has not yet fully taken effect, a version of the policy emerged as a bargaining chip in congressional negotiations to restore DACA.Ali Vitali, “Trump: Give Me the Wall, I’ll Give You ‘Dreamers,’” NBC, January 4, 2018. One report estimates that a one-year expansion of expedited removal could subject an additional 163,995 immigrants to deportation.Jose Magaña-Salgado, Fair Treatment Denied: The Trump Administration’s Troubling Attempt to Expand “Fast-Track” Deportations, (San Francisco: Immigrant Legal Resource Center, 2017).