Anonymous ID: e2a886 June 25, 2018, 5:57 p.m. No.1904561   🗄️.is đź”—kun   >>4720 >>4735 >>4741

What is Due Process for Illegal Aliens

 

Immigrants ordered to leave the country can fight deportation through civil proceedings involving immigration courts and judges overseen by the Justice Department. They can present testimony and evidence before an immigration judge, akin to a trial. They can be represented by a lawyer and can appeal unfavorable decisions to the Board of Immigration Appeals, an arm of the Justice Department.

 

Even if immigrants are ordered deported by the immigration appeals board, they can challenge those rulings again in front of a federal court. The process can take months or even years, especially because there is a significant backlog of such cases.

 

Can The Government Bypass Due Process

 

Yes. A 1996 statute permits immigration authorities to deport people without a hearing, a lawyer or a right of appeal under certain conditions, a process known as expedited removal. Under current policy, the Department of Homeland Security criteria for expedited removals apply to undocumented migrants found within 100 miles of the border and within 14 days of entering the country. The statute imposes no geographic limit and allows for expedited removals up to two years after a migrant has entered the country, raising the possibility that the Trump administration may use this power more aggressively.

 

https://www.nytimes.com/2018/06/25/us/politics/due-process-undocumented-immigrants.html

 

What Is Expedited Removal

 

“Expedited removal” refers to the legal authority given to even low-level immigration officers to order the deportation of some non-U.S. citizens without any of the due-process protections granted to most other people—such as the right to an attorney and to a hearing before a judge. The Illegal Immigration and Immigrant Responsibility Act of 1996 created expedited removal, but the federal government subsequently expanded it significantly.

 

As it now stands, immigration officers can summarily order the removal of nearly any foreign national who arrives at the border without proper documents; additionally, undocumented immigrants who have been in the United States 14 days or less since entering without inspection are subject to expedited removal if an immigration officer encounters them within 100 miles of the U.S. border with either Mexico or Canada. As a general rule, however, DHS applies expedited removal to only those Mexican and Canadian nationals with histories of criminal or immigration violations, as well as persons from other countries who are transiting through Mexico or Canada. There is no right to appeal an immigration officer’s decision to deport someone via expedited removal. Individuals in expedited removal are detained until removed.

 

Judges? We don't need not Stinking Judges!