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Federal Appeals Court Upholds Expanded Expedited Removal Policy

June 23, 2026

The U.S. Court of Appeals for the District of Columbia Circuit has ruled that the Department of Homeland Security (DHS) may continue enforcing its expanded expedited removal policy nationwide. Under the policy, noncitizens have the burden to carry documents confirming immigration status and/or at least two years of continuous presence in the country to avoid expedited removal. The ruling overturns a lower court decision that had blocked the policy.

The decision is expected to increase DHS’ inspection of documents and use of expedited removal proceedings. Noncitizens should make multiple copies of immigration status documents to keep at home, in cars and at work in case requested.

Please contact Varnum’s Immigration Practice Team with any questions or concerns.

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