Make the Road New York v. Noem
Overview
Overview
Make the Road New York sued the Trump administration over its guidance to DHS immigration officers to expand expedited removal.
Overview
The ACLU filed a lawsuit against the Trump administration on behalf of Make the Road, an immigrant advocacy organization. The suit seeks to enjoin DHS's new rule on expedited removal and cites violations of the Fifth Amendment’s due process clause, the Immigration and Nationality Act, and the Administrative Procedure Act.
The Issue
Issue
Whether DHS's Expedited Removal Policy violates the Fifth Amendment's Due Process Clause, the Immigration and Nationality Act, and the Administrative Procedure Act by failing to provide adequate procedural safeguards and statutory authority for expanded expedited removal authority.
The Rules
Rule
The Fifth Amendment Due Process Clause requires procedurally fair processes before deprivation of liberty; the INA prescribes specific statutory procedures and limitations for expedited removal; and the APA mandates notice-and-comment rulemaking for legislative rules.
The Application
Analysis
Make the Road challenges the expedited removal policy as unconstitutionally depriving immigrants of due process without adequate opportunity to contest removal, as exceeding DHS's statutory authority under the INA, and as adopted without compliance with APA notice-and-comment procedures.
The Conclusion
Conclusion
The case remains active in the D.C. District Court before Judge Jia M. Cobb, with Make the Road seeking declaratory and injunctive relief to prevent enforcement of the expedited removal policy pending resolution of the constitutional, statutory, and administrative claims.
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