The American Immigration Lawyers Association (AILA) recently summarized two memorandums detailing the new administration’s border security and immigration enforcement policies. Although the new policies claim to be in the service of improving national interest and security, many of the stated priorities seem fixated on minor infractions and mass deportation rather than on specific threats to the country. Most concerning is the reference to use of “Expedited Removal (“ER”). ER will apparently be used when an alien cannot prove that he has been in the United States longer than two years at the time of an arrest or removal review. Then, the alien is removed from the United States immediately and without ever having the opportunity to post bail or see an Immigration Judge.
The Department of Homeland Security (DHS) will now execute U.S. immigration laws without exempting any classes or categories from the enforcement of these laws. This includes those who have been charged with an unresolved criminal offense, those who committed minor infractions, and those who were charged with a crime and acquitted. DHS is also instructed to remove such aliens speedily, but such fast-track removal undermines due process and blocks access to humanitarian protections, which are guaranteed under U.S. law. According to the summary, the fact that one has been charged (not convicted) of a crime will be sufficient grounds to make the person a removal priority. Moreover, if the reviewing officer has reason to believe that a person has committed a crime (not even charged) the officer has the authority to prioritize removal.
The memorandum states that DHS officers are expected to use their discretion when arresting or apprehending aliens, so long as they have a “probable cause.” With such broad instructions, it is clear that all aliens are a priority, and that these recent changes are tantamount to a mass deportation plan. To help enforce this plan, the director of ICE has been instructed to hire 10,000 ICE agents and officers as well as any other staff necessary to support these new policies. The recent information makes clear that the “Obama” memos relating to prioritizing solely serious criminal aliens is vacated.
DHS Secretary John Kelly also issued a memorandum, which further outlines the implementation plan regarding border security, calling for massive expansion in detention and requiring DHS to detain even those who do not have criminal convictions. However, they do not have the capacity for this level of detention. ICE currently has the capacity to accommodate 34,000 detainees, though they typically detain between 40,000 to 50,000 people. This is nothing compared to the estimated 200,000 they are expected to detain on a daily basis as a result of the new changes.
Mathur Law Offices, P.C. was founded in 1990 by Mr. Sanjay Mathur and has since been dedicated to guiding clients through the process of protecting immigrants and their due process rights. Mr. Mathur has developed a strategy to assist clients in avoiding Expedited Removal. Mathur Law Offices, P.C. will review each individual’s case and develop the right methodology for protecting each individual rights so long as the individual is accepted as a client and qualifies for relief to remain in the United States. Call now for an individual consultation to protect your rights!
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