Thursday, October 22, 2020

Trump Administration Implements Expansion of Expedited Removal


Yesterday, U.S. Immigration and Customs Enforcement announced that the proposed expansion of expedited removal would go into effect:

"U.S. Immigration and Customs Enforcement can now expedite the removal of certain aliens thanks to a recent order issued by the U.S. Court of Appeals for the D.C. Circuit, Sept. 30, 2020. The court order mandates the removal of the July 27, 2019, preliminary injunction which was the only legal impediment to ICE in enforcing former Acting Secretary of Homeland Security Kevin K. McAleenan's July 23, 2019, Designation of Aliens for Expedited Removal. Expediting removals will help keep dangerous criminals from entering communities to potentially reoffend."

ICE is implementing new rules unveiled in July 2019 that expand "expedited removal," a fast-tracked deportation process created by a 1996 immigration reforms.

As Camilo Montoya- Galvez explains for CBS News, the expansion of expedited removal is dramatic:

"U.S. Immigration and Customs Enforcement (ICE) is implementing new rules unveiled in July 2019 that allow agents to expand their use of "expedited removal," a fast-tracked deportation process created by a 1996 law that bars certain immigrants from seeking relief before an immigration judge.

Before the enactment of the new policy, which had been held up in federal court until last month, immigration authorities were only allowed to use expedited removal on immigrants apprehended within 100 miles from an international border who failed to demonstrate they legally entered the country and had been in the U.S. for at least two weeks.

The expansion will apply expedited removal to undocumented immigrants apprehended anywhere in the U.S. if deportation agents determine they have lived in the country for less than two years and were not lawfully paroled or admitted. An immigrant will bear `the affirmative burden to show to the satisfaction of the encountering immigration officer' that he or she is not eligible to be summarily deported."

The CBS story quotes Donald Kerwin, the executive director of the Center for Migration Studies:  "To make the immigration enforcement official the judge, the prosecutor, the jury, the police — that's just ridiculous in term of the rule of law and due process."


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Assume an immigration officer stops a US citizen of Mexican ancestry. The citizen can only produce a state-issued drivers license from 2020. Can the citizen face expediated removal? What recourse may the citizen resort to?

Posted by: Steven A. Ramirez | Oct 22, 2020 9:12:25 AM

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