According to a recent report from the American Immigration Council, various community organizations have filed a lawsuit in federal court regarding attempts by the Trump Administration to greatly expand a fast-track deportation program known as “expedited removal.” These organizations brought their lawsuit on behalf of their members who may become subject to immediate deportation under the program, which is designed to quickly deport immigrants, often without the chance to consult an attorney or see a judge. In the lawsuit, the organizations are requesting that the federal government be prohibited from applying expedited removal to a broad range of immigrants, as it has proposed.
Historically, the federal government applied expedited removal to only a small group of immigrants, or those who arrived in the U.S. within the past two weeks and were detained within 100 miles of a U.S. border. Recently, however, the Trump Administration announced its intention to apply the expedited removal process to immigrants whom Immigration and Customs Enforcement (ICE) agents arrest anywhere in the U.S. and who cannot prove that they have been physically present in the U.S. for two or more years.
Expedited removal is far more likely to result in wrongful deportations, as deportation effectively can occur within hours of an immigrant’s arrest. The removal can occur with no opportunity for the immigrant to even make a phone call, let alone see an attorney or judge. Those whom ICE has wrongfully detained could end up deported with no recourse other than attempting to prove that their deportation was wrongful while in another country with no resources or assistance.
The only exceptions to expedited removal would be those who are claiming asylum, or a well-founded fear of persecution on various bases if returned to their home countries. However, even these individuals only receive a cursory review, which is unlikely to exempt them from expedited removal.
No matter the type of immigration issue you are facing, the skilled and knowledgeable immigration lawyers of Peek & Toland are here to assist you. We handle many different types of immigration cases every day and have the kind of strategic experience and skills that are necessary to reach the desired outcome. By calling our office as quickly as possible after your legal issue arises, we will have the best opportunity to resolve your immigration law case successfully.