In a federal district court filing last week related to the ongoing challenge to the expansion of expedited removal, the government released new guidance about the implementation of the expansion, indicating that it may have begun applying expanded expedited removal on September 1, 2019. A hearing on whether to halt implementation of the expansion will be conducted on Friday, September 6, 2019.

On July 23, 2019, DHS issued a new rule to expand the reach of expedited removal to individuals who have been living in the United States for two years or less, and who live anywhere in the United States. Since 1996 federal immigration authorities have been  authorized the use of expedited removal narrowly: to noncitizens who are seeking admission at a port of entry, who have been apprehended near the border shortly after they entered the country, or who arrive in the United States by sea.    

The case challenging the new rule in the U.S. District Court for the District of Columbia was filed on August 6, 2019.

On August 9, 2019, Plaintiffs filed a motion seeking a preliminary injunction to prevent DHS from continuing to apply the rule while the case is being litigated.



Expedited removal is a procedure that allows a Department of Homeland Security (DHS) official to summarily deport a noncitizen without a hearing before an immigration judge or meaningful review.

Individuals subjected to expedited removal may be removed within hours of apprehension, without an opportunity to:

  • Speak with an attorney.
  • Gather evidence or call witnesses.
  • Present a claim for relief from removal, other than a truncated process for expressing fear of persecution.
  • Seek review of their expedited removal order except under limited circumstances.

Such individuals bear the affirmative burden to show to the satisfaction of the encountering immigration officer that he or she has been physically present in the United States continuously for the two-year period immediately preceding the date of the determination of inadmissibility. Evidence will need to be presented establishing the place, date, and manner of entry into the United States and continuity of presence since that time.


Evidence that may demonstrate continuous physical presence in the United States includes, but is not limited to: bankbooks, leases, deeds, licenses, bills, receipts, letters, birth records, church records, school records, employment records, evidence of prior law enforcement encounters or tax payments, and/or oral statements. If such evidence can not be presented at the time of encounter,  access to such evidence shall be permitted by allowing a brief but reasonable opportunity to obtain it or communicate with a third party to obtain such evidence. 

Today, September 4th 2019, DHS published a proposed rule that will require a $10 fee for each registration submitted to register for the H–1B cap selection process.


Petitioners seeking to file H–1B petitions will need to first electronically register with USCIS during a designated registration period for the petition to be considered properly filed.      .


The H–1B registration system will not be a totally separate system and will be established within a platform that supports other USCIS functions.


The registration program will require USCIS to incur certain costs and burdens for iterative development, correcting problems, handling help desk calls, and adding or maintaining infrastructure. 


DHS expects to expend a total of about $1.5 million on the initial development of the registration website and the $10 fee  will help offset the startup costs.

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