# Understanding the American SAFER Act of 2023

This bill changes how the government can quickly remove people who arrive at the U.S. border without proper documentation. Currently, expedited removal—a fast-track deportation process that skips many legal hearings—can only be used on people caught at the border itself or within a specific distance from it. This bill removes that geographic limitation, allowing immigration officials to use expedited removal on anyone they encounter anywhere in the country, as long as those people haven't been officially admitted or allowed to stay.

The practical effect is significant: someone could be picked up by immigration authorities far from the border—in a city, at a workplace, or during a traffic stop—and be deported quickly without going through the normal court system. Under current law, people caught inland typically get a hearing before an immigration judge where they can explain their situation or claim asylum. This bill would let the Department of Homeland Security bypass those hearings for many more people. The bill also gives the Secretary of Homeland Security broad power to decide which groups of people qualify for expedited removal, and that decision cannot be challenged in court.

The bill's supporters argue it makes the immigration system more efficient and deters people from entering illegally. Critics worry it could lead to people being deported without a fair chance to present their case, potentially including asylum seekers fleeing dangerous situations who have legal rights to stay. The bill would affect undocumented immigrants, people overstaying visas, and potentially anyone in the country without proper authorization, regardless of how long they've been here or their personal circumstances.

American SAFER Act of 2023

American Safety And Fairness through Expedited Removal Act of 2023 or the American SAFER Act of 2023 This bill expands the classes of non-U.S. nationals (aliens under federal law) who are subject to expedited removal (i.e., removal from the United States without further hearing or review). Specifically, the bill nullifies a <a href="https://www.federalregister.gov/documents/2004/08/11/04-18469/designating-aliens-for-expedited-removal" target="_self">2004 Department of Homeland Security (DHS) rule</a>&nbsp;that generally limits expedited removal to certain situations, such as for non-U.S. nationals encountered within 14 days of entry into the United States without inspection and within 100 miles of a U.S. international land border. The bill also (1) prohibits DHS from implementing a rule that limits expedited removal based on how far a non-U.S. national was from the border when encountered or apprehended, and (2) modifies the relevant statute to state that expedited removal authority applies regardless of where the non-U.S. national was encountered or apprehended.