On 28 June, the D.C. Circuit Court of Appeals vacated a lower-court stay and allowed the Department of Homeland Security to expand expedited-removal proceedings nationwide. The policy authorizes immigration officers to summarily remove certain undocumented individuals encountered anywhere in the United States who cannot prove at least two years’ continuous residence—a dramatic enlargement of a tool once limited to the border region. The panel majority emphasized that Congress, through the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), expressly granted the DHS secretary discretion over expedited-removal parameters and insulated that discretion from most judicial review. In a concurrence attracting attention from scholars, Judge Neomi Rao wrote that due-process challenges were foreclosed by statute. For employers, the ruling raises compliance stakes. Any worker without lawful status—and unable to document two years in the country—now faces quick removal without a hearing. Companies should expect heightened Form I-9 audits and should ensure that contingent labor suppliers are equally vigilant. Foreign nationals who fall out of status (for example, after a late extension filing) could now be at greater immediate risk if encountered by enforcement officers away from the border. Advocates pledge to appeal, and DHS says it will roll out updated training and guidance to field officers in July. In the meantime, mobility teams should brief traveling foreign nationals on the importance of carrying proof of lawful status and, where relevant, evidence of length of residence.
