By Sylvia Chi
Deadline: Submit comment by September 23, 2019 –
In July 2019 the Department of Homeland Security (DHS) announced it would expand the expedited removal program. Expedited removal is a fast track process that allows low-level immigration officers to quickly deport certain non citizens who are undocumented or have committed fraud or misrepresentation. The expansion makes hundreds of thousands more people vulnerable to deportation without due process rights such as a hearing before a judge or the right to a lawyer. The nonpartisan Migration Policy Institute estimates that 260,000 to 440,000 undocumented immigrants are subject to expedited removal under this policy change. Previously, DHS could only use the expedited removal process for those detained within 100 miles of the border for less than two weeks; DHS now seeks to expand the program to apply to any undocumented person, regardless of location, who can’t prove they’ve been in the United States continuously for two years.
According to the Notice filed in the Federal Register, this expansion went into effect on July 23, 2019, and public comments on the change will be accepted through September 23, 2019. Read our instructions below on how to make your comments opposing this change.
What you can do:
Leave a comment on this form on the Federal Register website by September 23, 2019.
What to say:
We’ve given some suggestions, but to make your comment as effective as possible, please write in your own voice and describe this policy’s effect on your own life and community. (Multiple comments with the same language may be discarded.) For more ideas, read the comments other people have filed.
- I oppose the expansion of expedited removal.
- Expedited removal violates the Fifth Amendment Due Process rights of people in the interior of the United States who have been living in the country for extended periods of time, who are entitled to meaningful process before removal from the country.
- Expedited removal violates sections of the Immigration and Nationality Act and Administrative Procedure Act which provide that individuals have the right to counsel in removal proceedings and in compelled appearances before an agency.
- Expanding expedited removal increases the likelihood of racial discrimination and abuses of power by immigration and border officials.
- This expansion contributes to the Trump Administration’s campaign to marginalize immigrants and sow fear and confusion in the immigrant community.
- This process increases the likelihood that a person who isn’t supposed to be subject to expedited removal, like a U.S. citizen, will be removed by mistake.
Unlike the normal deportation process, the expedited removal process does not allow for a hearing before an immigration judge, access to an attorney, or chance to appeal. Under expedited removal, you may be stopped and made subject to this process anywhere in the United States. Without the right to prepare and collect evidence, you must prove to the immigration officer’s “satisfaction” that you have been in the country for two years or otherwise have the legal right to be in the country. In effect, Americans – and especially, people of color – will be subject to “de facto pop-up trial[s]… using only the things in their pockets” as well as illegal stops by border officials.
In the past, due to its abbreviated process and lack of accountability, the expedited removal process has been rife with errors, leading to the erroneous removal of U.S. citizens, green card holders, and others not eligible for expedited removal. Expedited removal also does not sufficiently protect asylum-seekers, since immigration officers have been known to improperly pressure individuals into withdrawing their asylum requests, or simply fail to ask if the individual fears persecution upon return to their home country. In addition, under expedited removal, immigration officers do not need to consider defenses against removal which would apply in immigration court.
The American Civil Liberties Union and American Immigration Council, on behalf of Make the Road New York and other organizations, have also sued to block the change. Even if the policy is blocked or rolled back, the proposal is still effective as another example of the Trump Administration’s campaign to spread fear among immigrant communities.
Sylvia Chi is an Oakland-based attorney and activist.