This Tuesday, the Trump administration significantly expanded its power to quickly deport undocumented immigrants who have entered the United States within the last two years. DHS Chief Kevin McAleenan said that this new rule would take effect immediately. They are using a fast-track deportation process that bypasses immigration judges. This means that immigrants won't get a fair trial before getting deported, nor do they get the opportunity to speak to an immigration lawyer. President Trump has promised to deport millions of immigrants and has enforced raids and various new initiatives to make this happen.
Who Are the Targets for This New Rule?
Officials stated that they believe this new strategy is a “necessary response” to the arrival of Central Americans and others at the southern border. This strategy allows immigration authorities to deport immigrants quickly anywhere they find them across the country. They believe this strategy will alleviate the nation’s immigration court backlog and clear space in ICE detention centers.
The Trump administration is targeting people who came to the United States and didn’t have an asylum case or a pending immigration court date. The previous administration’s policy allowed for authorities to expedite removals of migrants caught within 100 miles of the U.S. border, and who had been in the country for less than two weeks. This new rule now applies to immigrants anywhere in the country who have been in the country for less than two years.
Immigrants who are apprehended in Iowa, Nebraska, or any other inland state have to prove to immigration officials that they have been in the United States continuously for the past two years. If they fail to prove that, they could end up in an immigration jail facing quick deportation. This will affect nearly 300,000 of approximately 11 million unauthorized immigrants in the US, according to the nonpartisan Migration Policy Institute. According to the Pew Research Center, the average undocumented immigrant has lived in the country for 15 years.
Changes in the Department of Homeland Security
Much of the decision making in these cases are being made by relatively low-level immigration officers, not officers of the court. This expansion gives U.S. agents the power to issue deportation orders without bringing immigrants before a judge or allowing them to speak with a lawyer.
Royce Bernstein Murray of the American Immigration Council also vowed to challenge the policy in court, because she believes this new rule essentially allows DHS to be both the prosecutor and the judge. The president of the Leadership Conference on Civil and Human Rights fears that this rule will increase racial profiling and will lead ICE to increase their power.
“Under this unlawful plan, immigrants who have lived here for years would be deported with less due process than people get in traffic court,” Omar Jadwat, director of the American Civil Liberties Union’s Immigrants’ Rights Project, said in a statement.
The immigration court caseload has spiked to more than 900,000 cases, and ICE has more than 50,000 migrants in custody every day. Migrants in expedited proceedings spend an average of 11 days in immigration jails. However, those waiting for court hearings spend almost 52 days in jail.
You Have Rights! Call Our New Jersey Immigration Attorney Today.
If you or a loved one are in danger of getting deported because of this new rule, or if you don’t have a method of proving your time in the United States, you should consult with our New Jersey immigration lawyers. The attorneys at The Law Offices of Lloyd E. Bennett Esq., P.C. have helped thousands of immigrants across New Jersey with their complex immigration issues. Our New Jersey immigration attorneys are dedicated to helping individuals, families, and businesses understand the complexities of federal immigration, notarization, and deportation laws.
Contact our New Jersey immigration lawyers today for a free consultation at (800) 909-8129!