Law DHS draft proposal would speed deportations

DHS draft proposal would speed deportations

The proposal would represent the latest escalation of President Donald Trump’s immigration crackdown.

www.politico.com

The Homeland Security Department is weighing a plan to bypass immigration courts and remove undocumented immigrants who cannot prove they’ve been present continuously in the U.S. for two years or more.

The proposal is described in a draft regulatory notice, according to two DHS officials and a third person familiar with the planning. If finalized, it would represent the latest escalation of President Donald Trump’s immigration crackdown.

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The administration has considered since 2017 expanding a fast-track deportation procedure known as “expedited removal,” but thus far has refrained from moving ahead.

The draft notice — which remains under review — would increase significantly the number of recently arrived undocumented immigrants subject to rapid deportation. Under the current standard, expedited removal is applicable only to immigrants picked up within 14 days of arrival. The two-week cutoff stems from a 2004 regulatory change, not from the 1996 statute that created the process.

The change could speed up the deportation of recent arrivals at the border and reduce the load on federal immigration courts, which have grappled with a soaring case backlog. But such a move likely would draw legal challenges — and a number of Trump polices have been sidelined by federal courts.

The planned regulation also would remove a current requirement to apply expedited removal only to undocumented immigrants arrested within 100 miles of a land border, according to the two DHS officials.

Instead, expedited removal would be applied nationwide, the officials said — giving it the potential to sweep up undocumented immigrants in communities across the country.

The constitutionality of expedited removal has been challenged in federal courts. In March, the U.S. Court of Appeals for the 9th Circuit ruled that asylum seekers have the right to seek federal judicial review of an expedited removal order. That ruling conflicted with a 2016 decision by a separate federal appeals court.

 

[Polystyrene Glioblastoma]

Pussy-footing around with deportations makes absolutely no sense. Weather they stepped foot in the country one minute ago or one decade ago, doesn't matter. Deportations need to be fair, just, unobstructed, and swift. Of course the 9th circuit enjoys meddling in the entire nation's federal immigration law... I'm hoping the Trump administration and senate will show more balls and help the DHS push through this plan.

 

[Bassomatic]

I'm happy to hear this but it should say something about the state of the republic, when we have to vote on, draft, budget and approve following laws that we already, voted on, drafted, budgeted and approved.

Get rid of them.

Then again this is the same fucking nation that says "shall not be infringed" means, well... it's open to interoperation.

 

[Clop]

Probably won't pass, but it sounds nice. The opponents of this thing just see racism, not the dangers faced by citizens and the immigrants themselves. Citizens face the threat of dangerous criminals, immigrants face exploitation under blackmail and debt prisons, but muh racism.

 

[JohnDoe]

I mean it's pretty far from the perfect solution of shooting them on the spot and stacking their skulls along the border but it's a good step forward.

Do it, cowards.

 

[Vorhtbame]

In March, the U.S. Court of Appeals for the 9th Circuit ruled that asylum seekers have the right to seek federal judicial review of an expedited removal order.

That's not on point. Most illegal immigrants are not seeking asylum.

That ruling conflicted with a 2016 decision by a separate federal appeals court.

Which one? There aren't that many. (It was the 3rd Court of Appeals, by the way. The Supreme Court declined to hear the appeal, incidentally.)

I'm happy to hear this but it should say something about the state of the republic, when we have to vote on, draft, budget and approve following laws that we already, voted on, drafted, budgeted and approved.

This is a DHS directive pursuant to an existing law; in essence, a plan on how to execute the law they've been directed to execute. It doesn't go to Congress.

 

[MirnaMinkoff]

The entire immigration system, esp the courts and laws, need completely overhauled. Immigration law is a Byzantine maze clusterfuck that even immigration lawyers and judges admit they get confounded and confused by. It's been patchworked together for decades and resulted in a total mess. People can be in expedited removal for YEARS. No one wants to tackle the issue because it's such a spiderweb of bullshit and the people involved aren't even citizens.

 

[pwnest injun]

The entire immigration system, esp the courts and laws, need completely overhauled. Immigration law is a Byzantine maze clusterfuck that even immigration lawyers and judges admit they get confounded and confused by. It's been patchworked together for decades and resulted in a total mess. People can be in expedited removal for YEARS. No one wants to tackle the issue because it's such a spiderweb of bullshit and the people involved aren't even citizens.

There is literally only one man capable of passing comprehensive immigration reform and it's Donald Trump. He wants to make it easier for people who want to work on his golf courses to do so legally and inexpensively, but at the same time, he's positioned himself politically to the right of just about everybody. So, all he has to do is strike a compromise to get what he's wanted all along.

 

[Sissy Galvez]

It’s sad how Trump is the only president trying to help fix immigration and no one in congress has the balls to do anything about it.

 

[MirnaMinkoff]

It’s sad how Trump is the only president trying to help fix immigration and no one in congress has the balls to do anything about it.

Don’t be naive, Trump is only doing it because it scores him poltical points. He jumps all over the issue whenever he needs to drum up the base. Trump is one of the few that benefit politically on the issue.

Congress doesn’t want to touch it because they don’t benefit politically no matter what they do. The left doesn’t want harsher laws. The right does, but most right wing groups with the campaign donation purse strings don’t because they (like Trump himself) benefit a great deal from cheap illegal labor. So it’s no win for congress.

Average right wing Americans support harsh immigration law reform but most rich right wing Americans and their PACS and corporations don’t. It’s a damned if you do, damned if you don’t situation for most politicians.

Add to the shit pile that the majority of Americans don’t have the first clue about immigration laws or how the system works. The only people I’ve ever met who know anything about the US immigration system are immigrants within the system and immigration lawyers/judges. You have a bunch of people screaming about what they want done to a system they don’t even bother to understand.

Reforming the way asylum claims are defined and abused would be the first step in unclogging the system. Right now you have many economic migrants abusing asylum claims because it gets them a foot in the door and halts deportation/ refusal for entry.

 

[Baby Jane Hudson]

I hope this is the proper thread to post this (I'm still a newbie). But I found this article interesting and surprisingly satisfying. The judge cried at her arraignment. Buhahah.

https://www.foxnews.com/us/massachu...e-ice-arrest-indicted-federal-authorities-say

MA judges have been complete a**holes when it comes to illegals coming into their courts. I mean they give them the red carpet and the keys to the city and keys to every house and car in the city, despite some of these idiots being arrested on felony charges.

But maybe now justice will be served.

 

[GrungyLawnChlorinate]

Don’t be naive, Trump is only doing it because it scores him poltical points. He jumps all over the issue whenever he needs to drum up the base.

Trump's zeal for immigration reform and the cessation of the flow of illegal aliens goes back to at least 20 years to his 2000 presidential campaign as the centrist Reform Party candidate. It has been a major point in every one of his campaigns. He consistently shows that he is one of the only ones in power who cares about the issue and willing to do something about it. Your claim that it is a transient whim is false.

 

[Sissy Galvez]

Don’t be naive, Trump is only doing it because it scores him poltical points. He jumps all over the issue whenever he needs to drum up the base. Trump is one of the few that benefit politically on the issue.

Congress doesn’t want to touch it because they don’t benefit politically no matter what they do. The left doesn’t want harsher laws. The right does, but most right wing groups with the campaign donation purse strings don’t because they (like Trump himself) benefit a great deal from cheap illegal labor. So it’s no win for congress.

Average right wing Americans support harsh immigration law reform but most rich right wing Americans and their PACS and corporations don’t. It’s a damned if you do, damned if you don’t situation for most politicians.

Add to the shit pile that the majority of Americans don’t have the first clue about immigration laws or how the system works. The only people I’ve ever met who know anything about the US immigration system are immigrants within the system and immigration lawyers/judges. You have a bunch of people screaming about what they want done to a system they don’t even bother to understand.

Reforming the way asylum claims are defined and abused would be the first step in unclogging the system. Right now you have many economic migrants abusing asylum claims because it gets them a foot in the door and halts deportation/ refusal for entry.

You’re right and Trump hasn’t done much to fix H1B abuse by companies like tata and infosys.

We can take in the best/brightest and some asylum claims but the numbers should go down and be reserved for the cream of the crop. We’re going to have major water wars at some point in our future and we can’t take in more people especially economic migrants and asylum seekers who will live off government welfare.

 

[Kiwi Lime Pie]

The entire immigration system, esp the courts and laws, need completely overhauled. Immigration law is a Byzantine maze clusterfuck that even immigration lawyers and judges admit they get confounded and confused by.

There's so many hoops to jump through, and the process can be denied at any point. At my job, we had a client who was applying for citizenship come to our office because one of the requirements was that he show he had both filed and paid any taxes for the previous four years. Thankfully, we were able to help him with part of his paperwork and steer him in the right direction for the rest of it. The remaining list of items he had to complete before his interview was detailed, and the letter made it clear that if anything was missing or not in good order, his application could be rejected and his only option at that point would be to start over from scratch.

Worse, peoples' apparent citizenship has been revoked after the fact in some cases because someone - often times an immigration attorney - forgot to metaphorically dot an i or cross a t with the people in question facing deportation over something they thought was handled properly and in good faith by an attonrey who dropped the ball or simply pocketed the money and did nothing. Meanwhile, people that come here illegally are perceived as getting better treatment or more rights and privileges than they deserve.

Anything that could streamline the process while keeping safeguards in place would be an improvement. Unfortunately, the current political environment is such that there is more interest in welcoming people entering illegally with dubious claims of asylum than those that actually want to legally enter the US and even go as far as applying for citizenship.

You’re right and Trump hasn’t done much to fix H1B abuse by companies like tata and infosys.

H1B visas have been a hot topic for roughly 20 years, maybe more. I recall in 1999-2000, when the economy was booming, companies insisted we needed more H1B visas to fill the exploding demand for IT professionals. Not even the recession a few years later diminished the demand while US citizens lost their IT jobs and couldn't find new ones because companies preferred to hire H1B folks over their experienced American counterparts.

I believe there's rules in Canada - and maybe elsewhere - that qualified citizens have to be given priority in hiring. I know it would be too to see anything like that passed here, but such a measure could help combat visa abuse and companies importing foreign workers as a cost-cutting/containment thing in not having to pay more for experienced domestic workers.

To the OP, we definitely need some sort of streamlined process to quickly deport those without a bona fide reason to be in the US. With the courts bogged down with previously-pending cases and all these new migrants coming up through Mexico from Central America with their questionable claims of asylum and violence, its no wonder so many illegal aliens are freed by the courts, etc. due to lack of space to hold them - only to have them abscond never to be seen again as they look for someplace to settle within the US while trying to stay off the radar.

E: Typos & clarity.

 

[RadicalCentrist]

I believe there's rules in Canada - and maybe elsewhere - that qualified citizens have to be given priority in hiring. I know it would be too to see anything like that passed here, but something like that could help combat visa abuse and companies importing foreign workers as a cost-cutting/containment thing in not having to pay more for experienced domestic workers.

Ayy lmao we have the same exact law. Companies get around it by making the most obtuse hiring ads and hiding them in the personals section of unread newspapers. Then when no one shows up they hire the truckload of H1B's they had already imported.

 

[Stoneheart]

just build a bullet train to camps inside mexico. let the Cartels run them.

 

[Kiwi Lime Pie]

Ayy lmao we have the same exact law. Companies get around it by making the most obtuse hiring ads and hiding them in the personals section of unread newspapers. Then when no one shows up they hire the truckload of H1B's they had already imported.

I'm surprised print classifieds still exist. In 2000, one could find several pages of ads for IT-related work. Four to fives year later, there was next to nothing except for a handful of ads from (inter-)national firms that would only hire people willing to be moved across the country on a whim.

Still, I'm not surprised companies spent more effort in finding loopholes than hiring domestically.

 

[ICametoLurk]

If they're illegal why not shoot them? I mean, no one would know they were there right?

Actually leak them to someone who will for you.

 

[Shroom King]

I am trying to read the 1986 immigration bill, but it is difficult to understand. It allegedly provides penalties for hiring illegals, yet when was the last time an employer got arrested for hiring illegal aliens?

S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986

Summary of S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986

www.congress.gov

 

[X Prime]

Part of the problem is the requirement of "knowingly" hiring illegal immigrants.

Good luck proving knowledge during hiring.