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The process of expedited removal and its impact on deportation remedies.
Undocumented immigrants in ICE detention retain core constitutional protections—most notably the Fifth Amendment guarantee of due process and access to challenge detention—but those rights are routine...
is governed by constitutional principles that extend due process protections to “persons” on U.S. soil, but statutory exceptions and administrative procedures mean some people are removed without a fu...
law limits deportation—also called removal—to noncitizens; the statutory framework, federal agencies, and government guidance describe deportation as a process for aliens, not U.S. citizens . In pract...
There is no single, authoritative figure in the supplied reporting that states how many undocumented immigrants "came into the country" during George W. Bush’s two terms (2001–2008); public claims var...
Yes—constitutional due process protections formally apply to people ICE detains, but multiple recent policies, enforcement practices, and resource gaps have meaningfully narrowed how that right operat...
Yes — non‑citizens can be deported without a formal immigration‑court hearing in specific, legally defined ways, most prominently through and related administrative pathways, but for many people the l...
has detained and even processed U.S. citizens in its records across multiple administrations, including during presidencies, but the formal deportation (removal) of a U.S. citizen is illegal under U.S...
are entitled to many constitutional due process protections as “persons” under the Fifth and Fourteenth Amendments, but those protections vary by circumstance and are constrained by immigration statut...
—principally the (IIRAIRA) and companion measures—rewrote removal law by expanding the list of deportable offenses, narrowing relief from removal, and creating faster, more administrative removal proc...
Across the Obama presidency, a very large share of formal removals were carried out through DHS administrative, out‑of‑court processes—primarily expedited removal and reinstatement of prior removal or...
Removal, expulsion, and voluntary return/departure are distinct legal mechanisms that result in a noncitizen leaving the United States: "removal" is a formal order of the immigration system typically ...
Immigration courts are civil tribunals that must afford "due process" to noncitizens, but they operate under different rules and practical constraints than criminal courts: there is no guaranteed gove...
Yes — can and does hold people in custody without a criminal trial, and in some cases without a conventional immigration-court hearing, by using civil immigration detention, , and administrative proce...
Since January 2025, federal courts have produced a mixed but consequential body of rulings on and related detention policies: initially blocked categorical terminations and ordered class protections a...
is the statutory process by which issues a formal order requiring a non‑citizen to leave the country; “return” (or “voluntary return/administrative voluntary departure”) generally refers to non‑court ...
is a statutory process that allows officers to summarily deny admission and deport certain noncitizens without a full immigration‑court hearing under INA §235(b) and related statutes . Under current l...
builds its on transactional records obtained via FOIA and presents categories by conviction status, pending charges, and immigration-only violations using database tools it maintains . analyzes ICE/TR...
Once an immigration judge or applicable officer issues a removal (deportation) order, the government moves from adjudication to enforcement: is authorized to carry out the order, notify the person to ...
are administrative, civil processes distinct from : they are initiated by immigration authorities, use different standards of proof, and generally do not carry the full panoply of criminal procedural ...
Federal courts since 2009 have repeatedly constrained ICE’s use of detainers, treating most detainers as non‑mandatory requests and requiring Fourth Amendment safeguards such as probable cause and not...