Designating Aliens for Expedited Removal, 8139-8140 [2025-01720]

Download as PDF Federal Register / Vol. 90, No. 15 / Friday, January 24, 2025 / Notices DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Designating Aliens for Expedited Removal Office of the Secretary, Department of Homeland Security ACTION: Notice. AGENCY: This Notice rescinds the March 21, 2022 Notice, Rescission of the Notice of July 23, 2019, Designation for Expedited Removal. This Notice also restores the scope of expedited removal to the fullest extent authorized by Congress. DATES: This designation is effective on 6:00 p.m. EST on Tuesday January 21, 2025. FOR FURTHER INFORMATION CONTACT: Joseph Mazarra, Office of the General Counsel, Department of Homeland Security, 202–282–9256. SUPPLEMENTARY INFORMATION: khammond on DSK9W7S144PROD with NOTICES SUMMARY: I. Background This Notice rescinds the March 21, 2022 Notice, Rescission of the Notice of July 23, 2019, Designating Aliens for Expedited Removal,1 which limited the application of expedited removal procedures to certain aliens under the Immigration and Nationality Act (INA), to the extent the March 21, 2022 Notice is inconsistent with this Notice. This Notice enables the U.S. Department of Homeland Security (DHS) to exercise the full scope of its statutory authority to place in expedited removal, with limited exceptions, aliens 2 determined to be inadmissible under sections 212(a)(6)(C) or (a)(7) of the INA who have not been admitted or paroled into the United States and who have not affirmatively shown, to the satisfaction of an immigration officer, that they have been physically present in the United States continuously for the two-year period immediately preceding the date of the determination of inadmissibility. Presently, immigration officers may apply expedited removal to aliens apprehended anywhere in the United States for up to two years after the alien arrived in the United States, provided that the alien arrived by sea and the other conditions for expedited removal were satisfied. For aliens who entered the United States by crossing a land 1 The 2022 notice was published at 87 FR 16022. The 2019 notice was published at 84 FR 35409. 2 The term ‘‘alien’’ is defined in statute as ‘‘any person not a citizen or national of the United States.’’ 8 U.S.C. 1101(a)(3). Going forward, DHS will adhere to statutory language and use the proper terminology. VerDate Sep<11>2014 16:21 Jan 23, 2025 Jkt 265001 border other than at a port of entry, with the March 21, 2022 Notice, the Secretary of DHS effectively exercised his discretion under the INA to limit the use of expedited removal to aliens apprehended by an immigration officer within 100 air miles of the United States international land border and who were continuously present in the United States for less than 14 days immediately prior to the date of encounter. The INA grants the Secretary of Homeland Security the ‘‘sole and unreviewable discretion’’ to modify at any time the discretionary limits on the scope of the expedited removal designation. The Secretary is exercising his statutory authority through this Notice to designate for expedited removal the following categories of aliens not currently designated: (1) Aliens who did not arrive by sea, who are encountered anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years; and (2) aliens who did not arrive by sea, who are encountered within 100 air miles from a U.S. international land border, and who have been continuously present in the United States for at least 14 days but for less than two years. Therefore, the designation in this Notice restores the scope of expedited removal to the fullest extent authorized by Congress, as was previously established in the July 23, 2019 Notice, Designating Aliens for Expedited Removal. To the extent there is an ambiguity in this Notice, the intended effect of this notice is to apply expedited removal to the fullest extent authorized by statute. The effect of this change will be to enhance national security and public safety—while reducing government costs—by facilitating prompt immigration determinations. In particular, the full application of expedited removal authority will enable DHS to address more effectively and efficiently the large volume of aliens who are present in the United States unlawfully, without having been admitted or paroled into the United States, and ensure the prompt removal from the United States of those not entitled to enter, remain, or be provided relief or protection from removal. II. This Notice Is Immediately Effective In keeping with the practice followed in announcing the previous designations, and consistent with implementing regulations at 8 CFR PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 8139 235.3(b)(1)(ii),3 this designation is effective without prior notice and comment or a delayed effective date. See, e.g., 67 FR 68923, 68925 (2002 Notice); 69 FR 48877, 48880 (2004 Notice); 82 FR 4769, 4769 (2017 elimination of exception for Cuban nationals arriving by air); 82 FR. 4902, 4902 (2017 elimination of exception for Cuban nationals encountered in the United States or arriving by sea); 84 FR 35409, 35413 (2019 Notice); 87 FR 16022, 16024 (2022 Notice). Congress explicitly authorized the Secretary to designate categories of aliens to whom expedited removal procedures may be applied. It also made clear that ‘‘[s]uch designation shall be in the sole and unreviewable discretion of the [Secretary] and may be modified at any time.’’ See INA 235(b)(1)(A)(iii)(I), 8 U.S.C. 1225(b)(1)(A)(iii)(I)(emphasis added). Therefore, the Secretary’s designation, within statutory bounds, is ‘‘committed to agency discretion by law and . . . there is no cause of action to evaluate the merits of the Secretary’s judgment under APA standards.’’ Make the Road N.Y. v. Wolf, 962 F.3d 612, 633–634 (D.C. Cir. 2020). Furthermore, as the D.C. Circuit held, based on the statutory language allowing for modification of the designation ‘‘at any time’’ and in his ‘‘sole and unreviewable discretion,’’ the Department does not have to undertake the notice-andcomment rulemaking process. Id. at 635. As discussed above, the rulemaking procedures of the APA do not apply to this Notice and the expansion or contraction of a designation may be made ‘‘at any time.’’ Id. at 634–635 (internal quotation marks omitted). III. Notice of Designation of Aliens Subject to Expedited Removal Pursuant to INA 235(b)(1)(A)(iii), 8 U.S.C. 1225(b)(1)(A)(iii), and 8 CFR 253.3(b)(1)(ii), I order, in my sole and unreviewable discretion, as follows: (A) The Notice titled Designating for Expedited Removal, 87 FR 16022 (March 21, 2022), is hereby rescinded, effective immediately. (B) I designate for expedited removal the following categories of aliens not 3 8 CFR 235.3(b)(1)(ii) (providing that ‘‘[t]he Commissioner shall have the sole discretion to apply the provisions of section 235(b)(1) of the Act, at any time, to any class of aliens described in this section’’ and that this ‘‘designation shall become effective upon publication of a notice in the Federal Register’’ as well as that, ‘‘if the Commissioner determines, in the exercise of discretion, that the delay caused by publication would adversely affect the interests of the United States or the effective enforcement of the immigration laws, the Commissioner’s designation shall become effective immediately upon issuance, and shall be published in the Federal Register as soon as practicable thereafter’’ (emphasis added)). E:\FR\FM\24JAN1.SGM 24JAN1 8140 Federal Register / Vol. 90, No. 15 / Friday, January 24, 2025 / Notices currently designated: (1) Aliens who did not arrive by sea, who are apprehended anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years; and (2) aliens who did not arrive by sea, who are apprehended within 100 air miles from a U.S. international land border, and who have been continuously present in the United States for at least 14 days but for less than two years. Each alien placed in expedited removal under this designation bears the affirmative burden to show to the satisfaction of an immigration officer that the alien has been present in the United States continuously for the relevant period. This designation does not apply to aliens who arrive at U.S. ports of entry, because those aliens are already subject to expedited removal. Nor does this designation apply to or otherwise affect aliens who satisfy the expedited removal criteria set forth in any of the previous designations. See 82 FR 4902, 69 FR 48877; 67 FR 68923. (C) With the exception of the March 21, 2022 Notice rescinded above, this Notice does not supersede, abrogate, or amend or modify any of the Pre-2019 Designations,4 which shall remain in full force and effect in accordance with their respective terms. Signed at Washington, DC. Benjamine C. Huffman, Acting Secretary of Homeland Security. States within a reasonably foreseeable time. Background The Commission instituted these reviews on June 3, 2024 (89 FR 47614) and determined on September 6, 2024 that it would conduct expedited reviews (89 FR 97653, December 9, 2024). The Commission made these determinations pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determinations in these reviews on January 17, 2025. The views of the Commission are contained in USITC Publication 5578 (January 2025), entitled Quartz Surface Products from China: Investigation Nos. 701–TA–606 and 731–TA–1416 (Review). By order of the Commission. Issued: January 17, 2025. Lisa Barton, Secretary to the Commission. [FR Doc. 2025–01632 Filed 1–23–25; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1433] Certain Glass Substrates for Liquid Crystal Displays, Products Containing the Same, and Methods for Manufacturing the Same; Notice of Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: [FR Doc. 2025–01720 Filed 1–21–25; 4:45 pm] BILLING CODE 9110–9M–P Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 18, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Corning Incorporated, Corning, New York. A supplement to the Complaint was filed on January 7, 2025. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain glass substrates for liquid crystal displays, products containing the same, and methods for manufacturing the same by reason of the infringement of certain claims of U.S. Patent No. 7,851,394 (‘‘the ’394 patent’’); U.S. Patent No. 8,627,684 (‘‘the ’684 patent’’); and U.S. Patent No. 9,512,025 (‘‘the ’025 patent’’). The complainant, as supplemented, also alleges violations of section 337 based upon the importation and sale of certain glass substrates for liquid crystal displays, products SUMMARY: INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–606 and 731– TA–1416 (Review)] Quartz Surface Products From China khammond on DSK9W7S144PROD with NOTICES Determinations On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the countervailing duty and antidumping duty orders on quartz surface products from China would be likely to lead to continuation or recurrence of material injury to an industry in the United 4 See, e.g., 82 FR 4902 (Jan. 17, 2017); 69 FR 48877 (Aug. 11, 2004); 67 FR 68924 (Nov. 13, 2002). 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). VerDate Sep<11>2014 16:21 Jan 23, 2025 Jkt 265001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 containing the same, and methods for manufacturing the same by reason of misappropriation of trade secrets the threat or effect of which is to destroy or substantially injure a domestic industry. The complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2024). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on January 17, 2025, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine: (a) whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claims 1, 5, 6, and 8–10 of ’394 patent; claims 1, 2, 4, 7, and 10–12 of the ’684 patent; and claims 15–20 of the ’025 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; E:\FR\FM\24JAN1.SGM 24JAN1

Agencies

[Federal Register Volume 90, Number 15 (Friday, January 24, 2025)]
[Notices]
[Pages 8139-8140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01720]



[[Page 8139]]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary


Designating Aliens for Expedited Removal

AGENCY: Office of the Secretary, Department of Homeland Security

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This Notice rescinds the March 21, 2022 Notice, Rescission of 
the Notice of July 23, 2019, Designation for Expedited Removal. This 
Notice also restores the scope of expedited removal to the fullest 
extent authorized by Congress.

DATES: This designation is effective on 6:00 p.m. EST on Tuesday 
January 21, 2025.

FOR FURTHER INFORMATION CONTACT: Joseph Mazarra, Office of the General 
Counsel, Department of Homeland Security, 202-282-9256.

SUPPLEMENTARY INFORMATION:

I. Background

    This Notice rescinds the March 21, 2022 Notice, Rescission of the 
Notice of July 23, 2019, Designating Aliens for Expedited Removal,\1\ 
which limited the application of expedited removal procedures to 
certain aliens under the Immigration and Nationality Act (INA), to the 
extent the March 21, 2022 Notice is inconsistent with this Notice. This 
Notice enables the U.S. Department of Homeland Security (DHS) to 
exercise the full scope of its statutory authority to place in 
expedited removal, with limited exceptions, aliens \2\ determined to be 
inadmissible under sections 212(a)(6)(C) or (a)(7) of the INA who have 
not been admitted or paroled into the United States and who have not 
affirmatively shown, to the satisfaction of an immigration officer, 
that they have been physically present in the United States 
continuously for the two-year period immediately preceding the date of 
the determination of inadmissibility. Presently, immigration officers 
may apply expedited removal to aliens apprehended anywhere in the 
United States for up to two years after the alien arrived in the United 
States, provided that the alien arrived by sea and the other conditions 
for expedited removal were satisfied. For aliens who entered the United 
States by crossing a land border other than at a port of entry, with 
the March 21, 2022 Notice, the Secretary of DHS effectively exercised 
his discretion under the INA to limit the use of expedited removal to 
aliens apprehended by an immigration officer within 100 air miles of 
the United States international land border and who were continuously 
present in the United States for less than 14 days immediately prior to 
the date of encounter.
---------------------------------------------------------------------------

    \1\ The 2022 notice was published at 87 FR 16022. The 2019 
notice was published at 84 FR 35409.
    \2\ The term ``alien'' is defined in statute as ``any person not 
a citizen or national of the United States.'' 8 U.S.C. 1101(a)(3). 
Going forward, DHS will adhere to statutory language and use the 
proper terminology.
---------------------------------------------------------------------------

    The INA grants the Secretary of Homeland Security the ``sole and 
unreviewable discretion'' to modify at any time the discretionary 
limits on the scope of the expedited removal designation. The Secretary 
is exercising his statutory authority through this Notice to designate 
for expedited removal the following categories of aliens not currently 
designated: (1) Aliens who did not arrive by sea, who are encountered 
anywhere in the United States more than 100 air miles from a U.S. 
international land border, and who have been continuously present in 
the United States for less than two years; and (2) aliens who did not 
arrive by sea, who are encountered within 100 air miles from a U.S. 
international land border, and who have been continuously present in 
the United States for at least 14 days but for less than two years. 
Therefore, the designation in this Notice restores the scope of 
expedited removal to the fullest extent authorized by Congress, as was 
previously established in the July 23, 2019 Notice, Designating Aliens 
for Expedited Removal. To the extent there is an ambiguity in this 
Notice, the intended effect of this notice is to apply expedited 
removal to the fullest extent authorized by statute.
    The effect of this change will be to enhance national security and 
public safety--while reducing government costs--by facilitating prompt 
immigration determinations. In particular, the full application of 
expedited removal authority will enable DHS to address more effectively 
and efficiently the large volume of aliens who are present in the 
United States unlawfully, without having been admitted or paroled into 
the United States, and ensure the prompt removal from the United States 
of those not entitled to enter, remain, or be provided relief or 
protection from removal.

II. This Notice Is Immediately Effective

    In keeping with the practice followed in announcing the previous 
designations, and consistent with implementing regulations at 8 CFR 
235.3(b)(1)(ii),\3\ this designation is effective without prior notice 
and comment or a delayed effective date. See, e.g., 67 FR 68923, 68925 
(2002 Notice); 69 FR 48877, 48880 (2004 Notice); 82 FR 4769, 4769 (2017 
elimination of exception for Cuban nationals arriving by air); 82 FR. 
4902, 4902 (2017 elimination of exception for Cuban nationals 
encountered in the United States or arriving by sea); 84 FR 35409, 
35413 (2019 Notice); 87 FR 16022, 16024 (2022 Notice).
---------------------------------------------------------------------------

    \3\ 8 CFR 235.3(b)(1)(ii) (providing that ``[t]he Commissioner 
shall have the sole discretion to apply the provisions of section 
235(b)(1) of the Act, at any time, to any class of aliens described 
in this section'' and that this ``designation shall become effective 
upon publication of a notice in the Federal Register'' as well as 
that, ``if the Commissioner determines, in the exercise of 
discretion, that the delay caused by publication would adversely 
affect the interests of the United States or the effective 
enforcement of the immigration laws, the Commissioner's designation 
shall become effective immediately upon issuance, and shall be 
published in the Federal Register as soon as practicable 
thereafter'' (emphasis added)).
---------------------------------------------------------------------------

    Congress explicitly authorized the Secretary to designate 
categories of aliens to whom expedited removal procedures may be 
applied. It also made clear that ``[s]uch designation shall be in the 
sole and unreviewable discretion of the [Secretary] and may be modified 
at any time.'' See INA 235(b)(1)(A)(iii)(I), 8 U.S.C. 
1225(b)(1)(A)(iii)(I)(emphasis added). Therefore, the Secretary's 
designation, within statutory bounds, is ``committed to agency 
discretion by law and . . . there is no cause of action to evaluate the 
merits of the Secretary's judgment under APA standards.'' Make the Road 
N.Y. v. Wolf, 962 F.3d 612, 633-634 (D.C. Cir. 2020). Furthermore, as 
the D.C. Circuit held, based on the statutory language allowing for 
modification of the designation ``at any time'' and in his ``sole and 
unreviewable discretion,'' the Department does not have to undertake 
the notice-and-comment rulemaking process. Id. at 635. As discussed 
above, the rulemaking procedures of the APA do not apply to this Notice 
and the expansion or contraction of a designation may be made ``at any 
time.'' Id. at 634-635 (internal quotation marks omitted).

III. Notice of Designation of Aliens Subject to Expedited Removal

    Pursuant to INA 235(b)(1)(A)(iii), 8 U.S.C. 1225(b)(1)(A)(iii), and 
8 CFR 253.3(b)(1)(ii), I order, in my sole and unreviewable discretion, 
as follows:
    (A) The Notice titled Designating for Expedited Removal, 87 FR 
16022 (March 21, 2022), is hereby rescinded, effective immediately.
    (B) I designate for expedited removal the following categories of 
aliens not

[[Page 8140]]

currently designated: (1) Aliens who did not arrive by sea, who are 
apprehended anywhere in the United States more than 100 air miles from 
a U.S. international land border, and who have been continuously 
present in the United States for less than two years; and (2) aliens 
who did not arrive by sea, who are apprehended within 100 air miles 
from a U.S. international land border, and who have been continuously 
present in the United States for at least 14 days but for less than two 
years. Each alien placed in expedited removal under this designation 
bears the affirmative burden to show to the satisfaction of an 
immigration officer that the alien has been present in the United 
States continuously for the relevant period. This designation does not 
apply to aliens who arrive at U.S. ports of entry, because those aliens 
are already subject to expedited removal. Nor does this designation 
apply to or otherwise affect aliens who satisfy the expedited removal 
criteria set forth in any of the previous designations. See 82 FR 4902, 
69 FR 48877; 67 FR 68923.
    (C) With the exception of the March 21, 2022 Notice rescinded 
above, this Notice does not supersede, abrogate, or amend or modify any 
of the Pre-2019 Designations,\4\ which shall remain in full force and 
effect in accordance with their respective terms.
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    \4\ See, e.g., 82 FR 4902 (Jan. 17, 2017); 69 FR 48877 (Aug. 11, 
2004); 67 FR 68924 (Nov. 13, 2002).

    Signed at Washington, DC.
Benjamine C. Huffman,
Acting Secretary of Homeland Security.
[FR Doc. 2025-01720 Filed 1-21-25; 4:45 pm]
BILLING CODE 9110-9M-P

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