Tuesday, July 23, 2019

Trump Administration Expands Expedited Removal

Here we go again.  The Trump administration, implementing the promise in an executive order in January 2017, has issued a rule expanding expedited removal, speedy removal proceedings with minimum judicial oversight  As described in the summary published today in the Federal Register,

"This Notice (this Notice) enables the Department of Homeland Security (DHS) to exercise the full remaining scope of its statutory authority to place in expedited removal, with limited exceptions, aliens determined to be inadmissible under sections 212(a)(6)(C) or (a)(7) of the Immigration and Nationality Act (INA or the Act) 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 can apply expedited removal to aliens encountered 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 are satisfied. For aliens who entered the United States by crossing a land border, the Secretary of Homeland Security has exercised his discretion under the INA to permit the use of expedited removal if the aliens were encountered by an immigration officer within 100 air miles of the United States international land border and were continuously present in the United States for less than 14 days immediately prior to that encounter." (emphasis added).

The expansion of expedited removal from 100 miles from the border to the entire nation for noncitizens in the country for up to two years (as opposed to the current two weeks) raises serious Due Process concerns.  Expect a reaction through litigation and otherwise.

“We already see serious abuses of fast-track deportation authority where it is currently used at the US border,” said Grace Meng, acting deputy US Program director at Human Rights Watch. “This change makes people living in US communities subject to an opaque deportation process with limited judicial review.”  Human Rights Watch has found that US immigration officials’ methods for interviewing migrants in expedited removal procedures are seriously flawed, leading to the rapid return to other countries of people who face harm, contrary to US law and international standards. The new rule could expose thousands more people living in the US to these same flawed procedures, likely separating families through deportation.

The following statement is from Beth Werlin, executive director of the American Immigration Council:  

“The Trump administration’s announcement that it plans to dramatically expand expedited removal undermines American principles of fundamental fairness. Increasing expedited removal across the country is an unprecedented expansion of the Department of Homeland Security’s enforcement authority that will put many people at risk of wrongful deportation. 

“Expanding expedited removal in this manner will create a 'show me your papers' regime of immigration enforcement where individuals—including any U.S. citizens they encounter—will be forced to prove they should not be deported. The American Immigration Council will not stand by idly as the Trump administration continues its unlawful attacks on our communities. We will see the Trump administration in court.”

Here is a fact sheet on the new rule from the Center for Immigration Rights Clinic at Penn State Law.




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