The Immigration and Customs Enforcement (ICE) agency has initiated a new nationwide strategy that involves detaining undocumented migrants as they exit their immigration hearings. This tactic, orchestrated by the Department of Homeland Security (DHS), aims to enforce expedited deportation procedures on individuals who entered the U.S. within the last two years. According to information from Fox News Digital, the DHS is closing pending immigration cases for some migrants, as expedited deportation cannot proceed if a case remains active under a judge's review.
Once a case is closed by an immigration judge's signature, ICE arrests the migrant, placing them in a rapid removal process that bypasses any additional hearings. Anonymous ICE sources have indicated a significant rise in such detentions is expected in the upcoming weeks.
Returning to Pre-Biden Era Deportation Policies
This initiative marks a stark departure from the "catch and release" policies of the Biden administration. DHS officials have told Fox News they are reinstating swift deportation provisions that were reportedly neglected by the prior administration. This shift means that even migrants without a criminal record, apart from illegal border entry, can face immediate detention and removal.
Legal Challenges and Concerns Over Due Process
This policy emerges amid several legal challenges against the DHS's deportation practices. Recently, a federal judge ruled that the Department violated a court order by deporting eight migrants to South Sudan without providing them with "credible fear" interviews that might have halted their removal. Judge Brian Murphy is considering whether to allow these interviews in South Sudan or to facilitate the migrants' return to the U.S. to reopen their cases.
The Concept of Expedited Deportation
Expedited removal is a legal mechanism that allows for the swift expulsion of an immigrant without a full hearing, provided they have not filed for asylum or shown a credible fear of persecution. This tool has faced criticism for limiting access to due legal process and posing risks of unjust or dangerous deportations, especially for vulnerable migrants.
Detentions in Miami Following Immigration Hearings
Several Cuban nationals were detained on Wednesday by ICE agents after attending routine immigration court hearings in downtown Miami, where they hoped to progress in their legal processes. The arrests, executed by plainclothes officers, took place in the courthouse corridors immediately after judges dismissed their cases, leading to the capture of at least two other individuals, one Colombian.
Reporters from the Miami Herald observed ICE agents stationed inside the building for hours, awaiting the conclusion of hearings to take action.
The Story of a Cuban Detainee: From Residency Hopes to Detention
Among those arrested was a Cuban man who had appeared before Judge Rico Sogocio. During his hearing, the judge instructed him to apply for a parole document as part of his pathway to legal residency under the Cuban Adjustment Act, which allows for residency application after a year and a day in the U.S.
The man explained that he had begun the process but only possessed a Form I-220A, typically issued upon border crossing and not valid for a "green card" application under the Act. As he left the courtroom with his wife and daughter, several ICE agents informed him of his impending detention.
His wife and daughter, who requested anonymity, told the press that he needed medication for diabetes and was still in the midst of his immigration proceedings. "He's not here illegally. I'm trying to understand," his visibly distressed daughter reportedly said. An officer promised to contact her by day's end with information, while another mentioned the detainee would be processed at ICE's Miramar offices.
A Second Detention Case
Shortly after, another Cuban man, who entered through the Mexican border in 2021, was handcuffed. His asylum request was terminated by the judge after a government petition.
During the hearing, the judge advised him to hire a lawyer and mentioned his case might be transferred to the U.S. Citizenship and Immigration Services (USCIS). However, ICE arrested him soon after. Local 10 News also reported the arrest of a 22-year-old man.
"Initially, when my son's case was dismissed, I thought it was a positive step towards legal residency. But the anticipated relief quickly turned into a nightmare," the father told the media, breaking down in tears. The man, fearing arrest, chose to remain anonymous and described his son as a responsible young man who rarely left home except for work. "We thought coming here was a good thing," he said about his son's court appearance.
Migrant Detention and Expedited Deportation: Key Questions Answered
What is expedited deportation?
Expedited deportation is a legal process allowing for the rapid removal of an immigrant without a full hearing, provided they haven't applied for asylum or demonstrated credible fear of persecution.
How has the DHS policy changed under the current administration?
The DHS has shifted from the "catch and release" approach of the Biden administration to reinstating expedited deportation procedures that allow for immediate detention and removal of migrants who entered the U.S. illegally.
What legal challenges is the DHS facing?
The DHS is dealing with several legal challenges regarding its deportation practices, including a federal judge's ruling that it violated a court order by deporting migrants without providing necessary "credible fear" interviews.