A federal judge has temporarily halted the expansion of the Trump administration's "expedited removal" policy, a move designed to prevent undocumented immigrants detained far from the border from being deported without a court hearing. This decision represents a significant setback to plans for mass deportations.
Judge Jia M. Cobb from the Washington D.C. district court determined that this practice did not ensure the basic procedural rights of migrants who have been in the country for up to two years. In her ruling, she emphasized that the government cannot assume that those who entered illegally are entirely devoid of constitutional protections under the Fifth Amendment.
Understanding Expedited Removals
Expedited removals are a fast-track deportation process established in 1996, allowing quick deportation of undocumented immigrants without a court hearing unless they seek asylum and can demonstrate a credible fear of persecution.
Trump Administration's Intentions
The Trump administration sought to expand the expedited removal policy across the entire United States. This expansion aimed to include migrants who had been in the country for up to two years, rather than just those detained near the border with less than 14 days of stay.
The Judge's Ruling
Judge Jia M. Cobb temporarily blocked this measure, arguing that the government cannot deny due process to migrants already living in the U.S. She pointed out that the expansion posed a "significant risk of erroneous expulsion" and affirmed that the Fifth Amendment also protects non-citizens.
The Role of the ACLU
The lawsuit was filed by the American Civil Liberties Union (ACLU) on behalf of the organization Make the Road New York, which advocates for the rights of immigrants.
Implications for Migrants
As a result of this ruling, migrants who have been in the U.S. for up to two years cannot be immediately deported under Trump's policy. They are now entitled to court hearings before any deportation actions, thereby limiting the mass deportation plans promised by Trump.
Effect on Trump's Immigration Policy
This judicial halt represents a major blow to Trump's agenda, which included the largest internal deportation operation in U.S. history, aiming to expel one million immigrants in his first year in office.
Frequently Asked Questions About Expedited Removal and Migrant Rights
What is expedited removal?
Expedited removal is a procedure established in 1996 allowing quick deportation of undocumented immigrants without a court hearing, unless they seek asylum and can demonstrate a credible fear of persecution.
Why did Judge Jia M. Cobb block the policy expansion?
Judge Cobb blocked the policy expansion because it did not provide due process for migrants who have been in the country for up to two years and posed a significant risk of erroneous expulsion, affirming that the Fifth Amendment protects non-citizens as well.
How does this ruling affect migrants in the U.S.?
Migrants who have lived in the U.S. for up to two years cannot be immediately deported under the policy and are entitled to court hearings before any deportation actions.