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Index/Topics/Due Process

Due Process

The due process rights of individuals affected by the expansion of expedited removal.

Fact-Checks

3 results
Jan 26, 2026

How has DHS’s use of expedited removal changed since 2004 and what court challenges have followed?

Since 2004 moved from a narrow border tool into a broader enforcement mechanism—first by extending it to apprehensions within 100 miles and then later by designations that sought nationwide applicatio...

Jan 23, 2026

What legal remedies exist for people subject to expedited removal or detained without counsel?

sharply narrows procedural safeguards: people usually have no right to counsel, no hearing before an immigration judge, and no ordinary appeal to the , which means typical paths for review are curtail...

Jan 9, 2026

What statutes or case law define ICE's authority to detain individuals during immigration enforcement?

The statutory backbone of ICE’s detention authority is the Immigration and Nationality Act (INA), primarily 8 U.S.C. §§ 1226, 1226(c), 1231 and 1357, which authorize administrative arrests and detenti...

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