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New: DC Circuit panel rules DHS does not have to go through rulemaking process to expand its fast-track deportation process to a broader swath of immigrants, including those encountered anywhere in U.S. within 2 years of crossing
More now that I've read it: This wasn't a close call for the panel. This lifts a nationwide injunction that had been in place since September. There are still constitutional and INA claims in the case.
This process takes about 11 days on average and since 2004 applied to immigrants encountered within 100 miles of a land border or within 14 days of an illegal crossing. This new rule would be anywhere in U.S. within two years of crossing and went into immediate effect.
The immigration groups challenging this have a week to seek a review from the full D.C. Circuit
Clarifying this after speaking with attorney for plaintiffs. There is a 45-day window for an appeal, and then seven days after THAT the mandate would issue. The plaintiffs haven't decided whether to seek further review.
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