The organization is suing over a DHS rule that allows for expedited deportation of undocumented immigrants who cannot prove they have been in the U.S. continuously for two years.
The American Civil Liberties Union (ACLU) has filed a lawsuit against senior Trump administration officials over a new policy that facilitates the deportation of illegal immigrants from the United States.
“The administration’s decision to extend expedited removal to vast groups of non-citizens living anywhere in the United States, even when used at the border against new arrivals, is wrong for the expedited removal process. “It ignores nearly 30 years of experience showing that the majority of cases result in widespread violations of individual legal rights,” the complaint states. “That rule is illegal.”
The DHS rule, which went into effect on January 21, reinstates a 2019 directive that allows for the expedited deportation of undocumented immigrants who cannot prove they have been in the United States for at least two consecutive years and are within 100 miles of the border.
“By fully applying expedited removal authority, DHS will more effectively and efficiently address the large number of aliens who are in the United States illegally without admission or parole,” It will be possible to ensure the expedited removal from the United States of “states of persons who are ineligible for relief or protection from entry, stay, or removal,” the DHS notice states.
DHS’ new rules join a series signed by President Donald Trump that includes declaring a border emergency, ending birthright citizenship, suspending refugee admissions, sending troops to the border and directing construction to resume border wall construction. This follows the Presidential Decree.
Related articles
White House Press Secretary Caroline Levitt told reporters after Trump signed the executive order that border security is the president’s “top priority.”
The ACLU, which joined the immigrant advocacy group Make the Road New York in its lawsuit, alleges violations of the Fifth Amendment’s Due Process Clause, the Immigration and Nationality Act, and the Administrative Procedure Act.
“Everyone in this country has the right to due process. This is one of our government’s core tenets,” Arlenice Morell, co-executive director of Make the Road New York, said in a statement. “The rush to deport people who came to this country to seek safety and build a life for themselves and their families, without even giving them a chance to see a judge, instills fear in immigrant communities. It will only increase the fear of being separated from immigrants’ loved ones forever. ”
The complaint alleges that DHS rules allow lower-level officials to force summary deportations within the interior of the United States without due process and without considering the family or community connections of the individuals being deported. It means that you can now do it. It further argues that such individuals have the burden of proving that they should not be subject to expedited removal, but that they have limited time and opportunity to do so.
“As a result, it is likely that countless noncitizens will be mistakenly subject to immediate expulsion penalties,” the complaint alleges.
Anand Balakrishnan, senior staff attorney at the ACLU’s Immigrant Rights Project and lead attorney on the case, said the policy is an unconstitutional attempt to circumvent due process.
“The Trump administration is using this illegal policy to advance its mass deportation program and tear communities apart,” Balakrishnan said in a statement. “Expanding expedited removals would give President Trump a cheat code to circumvent due process and the Constitution, and we are here to fight it.”
The White House did not respond to requests for comment on the lawsuit by press time.
