Expansion of Expedited Removal and Trump’s new rule

Expansion of Expedited Removal and Trump’s new rule that other Hispanic countries are deemed “Safe third countries”
by Jose Enrique Perez

Every month, new rules and new rules and new rules by this administration and everything is against immigrants. Some advocates are telling me, “this is exhausting!”. It really is, but we will keep fighting Trump’s racism. Whatever it takes! Immigrants are here to stay! This is our country too! We are not going back anywhere!

Expedited removal is when an immigration officer, without a judicial hearing or order of deportation, quickly deports immigrants who are undocumented. Expedited removal applies to individuals who are “inadmissible” to the U.S. because they either:

1. Lack valid documents showing they were authorized to enter the U.S.
2. Committed fraud or misrepresented a material fact to obtain admission, or
3. Falsely claimed U.S. citizenship.

Under the prior policy for years, ICE could only use expedited removal for individuals detained within 100 miles of the border and who had been in the country less than 14 days. Under Trump’s new policy, ICE can use expedited removal anywhere in the country (no need of 100 miles) and for anyone inadmissible and who cannot prove they have been in the country the last two years (not 14 days).

This new policy will lead to thousands more deportations and an increase in illegal deportations by ICE. Estimates place in at least 20,000 will be targeted for immediate action. They will be deported without a chance to have their day in court. No judge will rule about any potential relief. The immigration officer will make that determination without regard to any claims for relief, humanitarian reasons or otherwise.

Also, in July, the Trump administration passed a new asylum rule in an attempt to slow the flow of Central American migrants crossing the U.S.-Mexico border. Asylum-seeking immigrants who pass through a third country en route to the U.S. must first apply for refugee status in that country rather than at the U.S. border. The rule basically means that Guatemala, El Salvador, Honduras, Mexico or even Nicaragua are safe third countries in which immigrants who are crossing through in order to come to the United States, must apply for asylum there, or they will be denied asylum here.

The same day that the policy was going into effect, two separate Federal District Court reached different results. One enjoined the Trump administration from moving forward and the other allowed the Trump administration to apply the rule. We will have to see how appellate courts will solve the dilemma.

You should remember that this article is not intended to provide you with legal advice; it is intended only to provide guidance about potential immigration policies. Furthermore, the article is not intended to explain or identify all potential issues that may arise in connection with representation before immigration courts, USCIS or ICE. Each case is fact-specific and therefore similar cases may have different outcomes.

I represent individuals in immigration cases. If you have any questions or concerns about an immigration case or potential case, you can call me at (315) 422-5673, send me a fax at (315) 466-5673, or e-mail me at joseperez@joseperezyourlawyer.com. The Law Office of Jose Perez has now moved and is located at 659 West Onondaga Street, Upper Level, Syracuse, New York 13204. Now with offices in Buffalo and Rochester!!! Please look for my next article in the September edition.

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