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Fact check: Did clinton, obama and biden use expedited removal for illegals
1. Summary of the results
Based on the analyses provided, President Clinton did create the expedited removal process when he signed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 into law [1]. However, the sources do not provide explicit evidence that Clinton, Obama, or Biden actively used expedited removal for undocumented immigrants in the same manner or scope as later administrations.
The analyses reveal that the use of expedited removal has varied significantly over time, with different administrations implementing expansions and limitations [2]. The Trump administration notably expanded the use of expedited removal in 2019 and again in 2025, while the Biden administration rescinded the 2019 expansion in 2022 [1]. Sources suggest that previous administrations may have used expedited removal in more limited capacities, particularly near border areas [3].
2. Missing context/alternative viewpoints
The original question lacks crucial context about how expedited removal has been applied differently across administrations. While Clinton created the legal framework, the analyses indicate that the scope and application of expedited removal has evolved significantly over the decades [2] [3].
An important missing perspective is that expedited removal is not exempt from due process, contrary to some claims. All noncitizens in the US have due process rights, regardless of their legal status or how they entered the country [4]. This challenges narratives that frame expedited removal as completely bypassing constitutional protections.
The analyses also reveal that federal judges have blocked attempts to expand expedited removal, citing due process concerns [3] [5]. This judicial oversight represents a significant check on executive power that benefits civil rights organizations and immigrant advocacy groups who oppose broad deportation policies.
3. Potential misinformation/bias in the original statement
The original question contains potential bias by using the term "illegals" to refer to undocumented immigrants, which is considered derogatory language that dehumanizes people. The analyses consistently use more neutral terminology like "undocumented immigrants" or "noncitizens."
The question also implies equivalency in how these three presidents used expedited removal, but the evidence suggests significant differences in scope and application. While Clinton created the legal mechanism, the analyses indicate that Trump's administration represented a major expansion of the policy [1] [3], suggesting that simply creating a policy and actively expanding its use are fundamentally different actions.
The framing of the question may benefit those who seek to justify current or future expanded deportation policies by suggesting they are merely continuing established precedent, when the evidence indicates substantial differences in how different administrations have approached this tool.