Cornell University Law School professor Stephen Yale-Loehr, co-author of a 21-volume immigration law treatise, summarizes a rule taking effect tomorrow that expands expedited removal of certain undocumented immigrants: Contact Yale-Loehr at 607-379-9707 or SWY1@cornell.edu
“The Trump administration plans to publish a rule to expand expedited removal to all noncitizens without status who have been in the interior of the United States for up to two years. The rule, which is at https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-15710.pdf, takes effect tomorrow. DHS claims that over 20,000 immigrants a year may be subject to the expanded expedited removal notice. Expedited removal is a provision in the immigration statute that allows the government to deport certain individuals without a hearing before an immigration judge, as long as certain conditions are met. But before the government can expeditiously remove someone, immigration officials must give individuals a “credible fear” asylum interview and an opportunity for them to prove they actually were lawfully admitted to the United States or are a U.S. citizen. Given the administration’s attacks on asylum and the credible fear process, some immigrants may be expeditiously removed in violation of their due process rights. Some U.S. citizens may also be erroneously expeditiously removed because they can’t prove their citizenship to the satisfaction of an immigration agent. This notice is the latest attack in the Trump administration’s war on immigrants. I am sure a lawsuit will immediately follow.”