Democrats on Twitter are “terrified” over the Trump administration’s new “expedited removal” rule that will allow ICE to deport illegals faster.
The Trump admin’s new “expedited removal” rule should terrify us all. It will allow ICE officers to approach ANYBODY in the U.S. (w/o probable cause) & demand they prove they’re a citizen or have been in the US for 2 years. If they can’t, they’re deported. No trial, no hearing.
— Rep. Diana DeGette (@RepDianaDeGette) July 22, 2019
BREAKING: Expedited removal to be expanded to apply everywhere within the U.S. (not just 100-mile border zone) and to anyone not in the U.S. more than two years. Federal Reg Notice will be published tomorrow. https://t.co/RHSfs0AmhJ
— Royce B. Murray (@roycebmurray) July 22, 2019
Courts have rejected most constitutional challenges to expedited removal (and to the limits on judicial review in such cases) because it’s been temporally & geographically confined.
This nationwide (& temporal) extension is going to provoke massive relitigation of those claims. https://t.co/pA2wotAqmo
— Steve Vladeck (@steve_vladeck) July 22, 2019
Homeland defense officials are unlocking their fast-track “expedited removal” power to quickly deport illegal migrants nationwide who cannot show they have lived illegally in the United States for longer than two years.
Pro-migration progressives, lawyers, and activists are protesting the removal power, which was formerly restricted to new migrants who were caught within 100 miles of the border, often walking northwards in the brush or being smuggled by truck.
“This is a nationwide ‘show me your papers’ law that will have devastating racial profiling and family separation implications,” said a statement from America’s Voice, a pro-migration group:
Picture this: using whatever pretext they want, ICE detains an individual. Unless that person is carrying on them right now evidence of their citizenship, legal status in this country, or documentation that they have been continuously in the U.S. for more than two years, they could be on a plane out of the country that day without speaking to a lawyer, a hearing, a judge or the right to appeal. This escalated expedited removal policy will allow the Trump administration to rapidly deport anyone without so much as a trip home to gather evidence of status or to say goodbye to loved ones, let alone a hearing, judge or attorney to provide actual review or due process.
Eleanor Acer, the chief of Human Rights First complained:
This sweeping move will give ICE and CBP officers the power to bypass immigration courts across the country and order individuals they detain to be summarily deported … Expedited removal is a summary procedure that allows an immigration officer to issue a deportation order—a power previously entrusted to immigration judges.
Increasing deportation without due process will also likely lead to the summary expulsion of people who have been in the country for many years, simply because they are not carrying proof of their years of residence when immigration officers take them into custody.
The far-reaching deportation rule is allowed by a 1996 law and will start on Tuesday, July 23. The authority was not used by migrant-friendly presidents Barack Obama or George W. Bush.
Officials will likely use their expanded authority to first target illegal-immigrant criminals, such as MS-13 gang members, as well as recent migrants who are given deportation orders by judges. The extended authority will also minimize the risk that protests and progressive groups will be able to block deportations.