Federal Register / Vol. 90, No. 15 / Friday, January 24, 2025 / Notices 8139 

1The 2022 notice was published at 87 FR 16022. 

The 2019 notice was published at 84 FR 35409. 

2The 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. 

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)). 

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. 

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). 

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 


khammond on DSK9W7S144PROD with NOTICES
8140 Federal Register / Vol. 90, No. 15 / Friday, January 24, 2025 / Notices 

4See, e.g., 82 FR 4902 (Jan. 17, 2017); 69 FR 

48877 (Aug. 11, 2004); 67 FR 68924 (Nov. 13, 2002). 

1The record is defined in § 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

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. 

[FR Doc. 2025–01720 Filed 1–21–25; 4:45 pm] 

BILLING CODE 9110–9M–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–606 and 731– 

TA–1416 (Review)] 

Quartz Surface Products From China 

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 

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 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: 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 

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; 


khammond on DSK9W7S144PROD with NOTICES