Saturday, February 25, 2017

Peter Margulies: The DHS Border Memo II: Removal First, Hearing Later?


Peter Margulies on LawFare critically analyzes the constitutional implications of a possible Trump administration immigration reform.   He writes:

"One subject of senior U.S. officials’ talks with Mexico on Thursday was a proposal in the recently issued DHS memo on border enforcement that would return undocumented noncitizens to Mexico before a U.S. deportation hearing (See Memo Part H, p. 7). News reports have indicated that U.S. officials plan to use this approach to send nationals from Central American states back to Mexico if those individuals have entered the U.S. along the southern border. However, there are serious legal problems with this pre-hearing return proposal, including problems under the Immigration and Nationality Act (INA)."

Click the link above to read Margulies' analysis.


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