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.
The bill essentially restores the parameters set out in the 2019 DHS notice, which were rescinded by a subsequent notice on March 21, 2022, that limited expedited removal primarily to those apprehended at or near borders. By codifying the 2019 notice, HB489 would significantly broaden the scope of expedited removals, impacting how immigration laws are applied in various contexts throughout the United States. This could lead to an increase in the number of individuals removed from the country without the traditional court procedures, affecting both local communities and the broader immigration system.
House Bill 489, titled the 'Expedited Removal Codification Act of 2023', aims to provide statutory authority to a notice issued by the Department of Homeland Security (DHS) on July 23, 2019. This notice expanded the categories of non-U.S. nationals (aliens under federal law) subject to expedited removal, allowing for their removal without further hearing or review. Under the expanded guidelines, certain inadmissible non-U.S. nationals apprehended anywhere in the United States and who had been in the country for less than two years would fall under this policy. The intent is to enhance immigration enforcement by streamlining the removal process for specific groups of aliens.
The discussion around HB489 is expected to evoke strong responses from various stakeholders. Supporters argue that expanding expedited removals is a necessary measure to enforce immigration laws effectively and prevent individuals who have entered the country illegally from taking advantage of lengthy legal processes. Conversely, opponents may raise concerns over the potential for injustice, risk of wrongful removals, and possible human rights implications, particularly as many individuals facing expedited removal could be seeking asylum or other forms of legal relief.