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A 2004 regulatory change currently limits expedited removal to immigrants who were arrested within 14 days of arrival and caught within 100 miles of a U.S. land border. However, the 1996 statute that created the process allows the speedy removal of people who cannot prove at least two years of continuous presence in the U.S.
The notice set to publish Tuesday will allow the use of the faster process against people caught anywhere in the U.S., not just within the 100-mile border zone.
The expansion of expedited removal could enable federal immigration officers to arrest and deport more migrants without adding to an already lengthy immigration court backlog. The courts currently have a soaring backlog that’s approaching 1 million cases, according to data from the Transactional Records Access Clearinghouse at Syracuse University.
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