0
Expedited Removal Codification Act of 2023
12/15/2023, 3:53 PM
Summary of Bill HR 218
Under current law, the Department of Homeland Security has the authority to quickly remove certain undocumented immigrants without a hearing before an immigration judge. This process is known as expedited removal and is typically used for individuals who have recently entered the country without authorization or who are found within 100 miles of the border and have been in the country for less than 14 days.
The Expedited Removal Codification Act of 2023 seeks to make this process more permanent and expand its application to include individuals who have been in the country for up to two years. The bill also includes provisions to streamline the expedited removal process, such as limiting the ability of individuals to seek review of their removal orders in federal court. Supporters of the bill argue that expanding and codifying expedited removal will help to deter illegal immigration and ensure that individuals who are in the country unlawfully are quickly and efficiently removed. Critics, however, raise concerns about the potential for abuse and the lack of due process protections for individuals subject to expedited removal. Overall, Bill 118 HR 218 represents a significant effort to reform the immigration enforcement system in the United States and is likely to generate significant debate and discussion in Congress.
Congressional Summary of HR 218
Expedited Removal Codification Act of 2023
This bill provides statutory authority for a July 23, 2019, Department of Homeland Security (DHS) notice that expanded the classes of non-U.S. nationals (aliens under federal law) who are subject to expedited removal (i.e., removal without further hearing or review).
DHS published another notice on March 21, 2022, rescinding the July 2019 notice. Thus, this bill in effect restores the expanded version of expedited removal under the July 2019 notice.
The July 2019 notice expanded expedited removal to cover certain inadmissible non-U.S. nationals who were apprehended in any part of the United States and who have been in the United States for less than two years. By contrast, with the March 2022 rescission, expedited removal is generally limited to certain inadmissible non-U.S. nationals apprehended near or at a border.
