Expanded Expedited Removal: Can Fourth Amendment "Border Exceptionalism" Be Everywhere Now?

Abstract

In July, the Trump administration announced that immigration police could start detaining and deporting people anywhere without any involvement by any judge. Prior to subjecting a person to this shadow deportation process, called “expedited removal,” the Department of Homeland Security officer need only determine that the person is without legal status and without two years of continuous presence in the United States. Immigration advocates have just sued, asking a federal court to block the policy. Expanded expedited removal creates a constitutional problem: it violates the Fourth Amendment rights of those who are subject to the procedures.