The Trump administration has announced an expansion of the "expedited removal" authority, allowing immigration officers to deport individuals without a court hearing. Effective immediately, this policy is applicable nationwide. It targets immigrants who entered the country through legal pathways established during the Biden administration and have resided in the U.S. for over a year without applying for asylum. The initiative bypasses traditional immigration court procedures, raising concerns about due process.
The policy stems from a 1996 law but was not widely implemented until 2004. At that time, the Department of Homeland Security (DHS) specified the authority for individuals detained within two weeks of entering the U.S. by land and found within 100 miles of the border. The Trump administration’s decision to expand this authority marks a significant shift in immigration enforcement strategies.
The American Civil Liberties Union (ACLU) has challenged the policy in federal court, describing it as a "mass deportation agenda" that circumvents constitutional due process. This legal challenge underscores the controversy and potential implications for immigrants across the nation.
Sanctuary cities such as Chicago, Newark, and Denver have voiced strong opposition to the policy. Newark's Mayor Ras Baraka condemned a local ICE raid resulting in the detention of both undocumented residents and citizens. Meanwhile, Denver's Mayor Mike Johnston stated that while the city would cooperate with ICE to deport "violent criminals," it opposes arrests in sensitive locations like schools and churches.
"Criminals will no longer be able to hide in America’s schools and churches to avoid arrest," – A DHS spokesperson
The Trump administration's promotion of this policy includes official images and statements, notably from Trump's press secretary, Karoline Leavitt. She confirmed that "deportation flights have begun," highlighting the administration's commitment to enforcing this authority.
"Deportation flights have begun," – Trump’s press secretary, Karoline Leavitt
This policy specifically targets immigrants who accessed the U.S. through the CBP One app or temporary legal status programs initiated by the Biden administration. The CBP One app, which facilitated scheduling for migrants or asylum seekers, was abruptly shut down moments after Trump's inauguration, leaving many immigrants in a state of uncertainty.
The expedited removal policy has sparked criticism from various quarters, including immigrant rights organizations and local government leaders. Critics argue that it undermines the principles of due process and fairness within the immigration system. These concerns are particularly pronounced given the policy's potential to affect individuals who legally entered the country but have not yet navigated the complex asylum application process.
Proponents of the policy argue that it is necessary for maintaining national security and public safety. They contend that the streamlined deportation process will deter unlawful immigration and ensure that individuals who may pose a threat are promptly removed from the country.