Under a new Department of Homeland Security (DHS) rule, undocumented immigrants must prove their residency in the United States or they could face expedited deportation. In some cases, the expedited deportation could be carried out before the person has an opportunity to come before a judge. The Trump administration announced the fast track deportation process on July 22, 2019, and the notice by the Homeland Security Department was published in the Federal Register on July 23, 2019.
Immigration lawyers throughout the country, including our New Jersey immigration attorney, are working diligently to protect the rights of immigrants from being deported without due process.
What is Fast Track Deportation?
In the past, fast track deportations were typically limited to individuals arrested within two weeks after crossing the border and within 100 miles of the border. The process has now been expanded to apply to anyone who has been in the United States illegally for less than two years, with very few exceptions. According to the DHS, the expedited removal process is another step the administration is taking to address the “ongoing crisis on the southern border.”
With the expedited removal process, ICE has broad powers to deport an individual without allowing that individual the opportunity to see an immigration judge. Depending on how quickly the person is deported, the person may not even have time to find an immigration lawyer.
The policy places the burden of proving that an individual has been in the United States for a minimum of two years on that person. In other words, if a does not carry detailed documentation with them at all times that prove they have been in the country for more than two years, they will be unable to challenge an expedited removal because they will not be allowed to obtain the proof before they are detained and deported.
Unfortunately, until the administration provides more guidance, agents arresting and detaining immigrants have extremely broad discretion in what they deem adequate proof that the person has been in the country for more than two years. In other words, the immigration officer is serving as the officer, prosecutor, and judge since the person is never allowed to enter a courtroom. Anyone deported under the expedited removal rule does not have the right to appeal the deportation.
Are There Exceptions to the Expedited Removal Rule?
Unaccompanied minors are not subject to the new rule. There is also an exception for immigrants who apply for asylum, claiming they fear persecution if deported. A credible fear hearing and determination on an asylum request could delay immediate deportation.
However, some sources have expressed concern that many immigrants will not be afforded this exception. Some people fear that many people who have been in the United States, and even some citizens or legal immigrants who do not have “proof” on them at the time they are detained, will be wrongly deported because they will not be afforded due process under the new expedited deportation process.
Providing Clients with Legal Counsel They Can Trust
If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at www.visaserve.com.