This story was originally published by Outlier Media.
Leer en español: Como la administración de Trump agiliza deportaciones sin audiences mediante la remoción acelerada
In a recent incident outside a Detroit courthouse, federal authorities utilized an immigration policy known as “expedited removal” to detain several migrants. This procedural tool, established by Congress in 1996, has been a staple in the enforcement strategies of successive U.S. presidents. However, it has become a cornerstone of President Donald Trump’s broader and more assertive immigration policy.
Understanding Expedited Removal
This policy allows immigration officers to swiftly deport specific individuals without a court hearing. Ruby Robinson, from the Michigan Immigrant Rights Center, describes it as a mere “piece of paper” with the same impact as a judge-issued deportation order, emphasizing the lack of appeal options. Under Trump, the policy targets those who entered the U.S. unlawfully and have resided for less than two years, as noted by the National Immigration Forum.
In cases where individuals express a “credible fear” of harm in their home countries, they are referred to U.S. Citizenship and Immigration Services for a prompt asylum screening. If deemed non-credible, deportation can occur swiftly, sometimes within a day.
The Evolution of Expedited Removal
Initially part of a 1996 reform package that President Bill Clinton supported, expedited removal was first applied to those caught at the borders. The George W. Bush administration later expanded it to include individuals apprehended within two weeks of entry and near the border. Trump’s administration pushed its boundaries further in 2019, extending it to anyone in the country for less than two years without authorization. Though President Joe Biden curtailed this expansion in 2022, Trump reinstated it upon his return to office, instructing ICE to enforce it rigorously.
Expedited removal reached its peak in 2013 under President Barack Obama with 197,613 deportations, according to the American Immigration Council. The policy’s expansion under Trump is currently facing legal challenges for potentially violating constitutional due process rights.
Current Application of Expedited Removal
To achieve a goal of 1 million deportations annually, the Trump administration has reportedly begun detaining individuals outside courthouses and immigration offices. While those with active asylum cases are exempt, ICE lawyers are reportedly asking judges to dismiss cases promptly, allowing for immediate arrests post-hearing.
Who Faces the Risk?
The expedited removal process primarily affects those who entered the U.S. without authorization within the last two years, including asylum seekers who face danger if returned home. However, it does not affect individuals with active asylum cases, unaccompanied minors, visa overstayers, U.S. citizens, or permanent residents.
Critics, like the American Immigration Council, caution that the lack of oversight in the expedited removal process raises the risk of erroneous deportations, including those with legal status or even U.S. citizens. They argue that the law essentially allows immigration officers to act as both prosecutors and judges without significant checks on their authority.
This article first appeared on Outlier Media and is republished here under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
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