AILA Quicktake #271: DHS Announces the Expansion of Expedited Removal
AILA Associate Director of Government Relations Kate Voigt discusses DHS's announcement about a new policy, effective 7/23/19, to dramatically expand expedited removal, which will ramp up ICE's power everywhere in the United States, subjecting hundreds of thousands of people to rapid deportation.
Video Transcript
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Today, DHS Acting Secretary Kevin McAleenan
announced a new policy that will dramatically
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expand expedited removal to apply throughout
the United States to anyone who has been in
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the U.S. for less than two years and who has
not been admitted or paroled into the U.S.
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Currently, expedited removal can only be applied
to individuals who have been in the country
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less than 14 days who are apprehended
within 100 miles of the U.S. border,
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which is already a large
part of the country.
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The new policy will take
effect on July 23, 2019.
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Expedited removal gives unilateral authority
to immigration officers to deport
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someone from this country,
enabling the officer to bypass
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the immigration court system entirely
and effectuate a removal.
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The use of expedited removal has
expanded since it was created in 1996.
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Today, more than 80% of
all removals are done
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without the person ever
getting a fair day in court.
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Now, DHS seeks to apply
that power nationwide,
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subjecting hundreds of thousands
of people to rapid deportation.
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The administration’s answer to
the humanitarian situation
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at our southern border should be
to improve the immigration court system
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which is buckling under a backlog
of 900,000 cases
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and is being stripped of its own
authority to control its docket.
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Instead DHS is eliminating
the judges from the process altogether.
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That is not the kind of due process
envisioned in the Constitution.
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DHS is also attempting to implement
this massive power grab
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without any transparency
or public accountability.
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The new policy will be published
and effective without giving the public
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a meaningful opportunity
to comment on it.
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Needless to say, AILA will be pushing back against
this unjustifiable expansion of power.
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And luckily, our close allies
at the American Immigration Council
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are already planning to
file a lawsuit.
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Stay tuned for more information on
how you can join the fight.
Related Resources
- AILA Press Release: DHS Attempts Massive Expansion of Unilateral Deportation Power - July 22, 2019
- Practice Alert: Trump Administration Expands Application of Expedited Removal