Related videos:
The administration of Donald Trump has instructed federal immigration agents to identify migrants who can be swiftly expelled from the United States without the need for a court hearing as part of its strategy to expedite deportations.
According to an internal memo from the Immigration and Customs Enforcement (ICE), dated February 18 and obtained by The Washington Post, the agency has outlined a new strategy to expedite deportations and identify potential targets of this policy.
More than a million migrants who entered the United States under the programs of the Joe Biden administration could be subjected to this expedited removal process, although officials have been instructed to review the nearly eight million pending deportation cases in search of more individuals to apply this measure to.
The memorandum states that migrants could be expelled quickly if they entered the country illegally without passing through a legal entry port, entered with temporary parole or a notification to appear before immigration authorities and have not applied for asylum, or were admitted legally but lack valid immigration documentation or provided false information, according to The Washington Post.
Among the groups that could be affected are Nicaraguans, Venezuelans, and other migrants who entered legally under Biden's humanitarian programs but have not yet regularized their status.
People who used the CBP One app to schedule an appointment at a port of entry could also be deported
According to Paul Hunker, former senior advisor at ICE in Dallas, this policy will allow the agency to go after individuals who have been living in the United States for years.
Historically, expedited deportation has been used for newcomers, not for individuals with roots in their communities, he explained.
The implementation of these measures takes place amid Trump's campaign efforts to fulfill his promise to deport millions of immigrants, the cited news portal emphasized.
His administration has faced obstacles in achieving this partly because many long-term residents have the right to judicial hearings, a process that can take years. For this reason, immigration officials are focusing on individuals who can be removed quickly, such as those with criminal records, final deportation orders, or temporary permits that can be revoked.
The use of expedited deportation is not new. It was introduced in a law in 1996 to deter irregular migration and has primarily been used at the southern border to quickly deport individuals caught within a 100-mile radius shortly after their arrival, noted The Washington Post.
However, the Trump administration has expanded its application nationwide with the intention of including migrants who have been in the United States for more than two years.
One of the most controversial aspects of the memorandum is that ICE agents may consider deporting immigrants protected by asylum judges by sending them to third countries instead of returning them to their country of origin.
Lawyers warn that this could put migrants at risk, as there are no guarantees that those nations will not send them back to the places they fled from.
Ira Kurzban, an immigration lawyer in Miami, warned that this measure is an attempt to evade the fundamental principle of asylum laws, which prohibits sending people back to countries where their lives or freedom are at risk.
The expansion of expedited deportation could face legal challenges as attorneys and immigrant advocates argue that the measure undermines due process.
Additionally, the Trump administration is encountering logistical challenges in identifying the current whereabouts of migrants and determining whether they have applied for any permanent protection status, emphasized The Washington Post.
Lee Gelernt, an attorney for the American Civil Liberties Union (ACLU), warned that this expedited process is concerning and noted that the use of expedited removals at the border has led to countless mistakes; however, expanding a system without due process to long-time residents in the country is problematic on another level, he stated.
The ACLU filed a lawsuit in January to prevent the implementation of this measure within the U.S.
Lawyer Ismael Labrador explained that the Trump administration is focused on expediting the deportation of those migrants who do not have a legal pathway to remain in the United States.
According to the immigration expert, the new strategy aims to immediately expel those who do not have a legal remedy to avoid deportation, and he warned that individuals who have violated the law and do not have a valid defense could be swiftly removed from the country.
During a conversation with journalist Mario J. Pentón, Labrador detailed that this measure will primarily affect certain groups of migrants, including those who entered irregularly by crossing the border, beneficiaries of humanitarian parole, individuals with an I-220A who have not yet applied for asylum, those who entered through a port of entry without valid documents, and individuals who have committed immigration fraud.
He also noted that the Trump administration intends to dismantle the immigration programs implemented under the Biden government, such as CBP One and the humanitarian parole aimed at Cubans, Venezuelans, Nicaraguans, and Haitians.
"President Trump has focused on these programs, and what they are doing now is identifying all the individuals who entered in the last two years and have not sought a path to regularization," the lawyer specified.
In light of the tightening of immigration policies, experts recommend that those in irregular situations seek legal alternatives as soon as possible.
Labrador emphasized the importance of having a immigration status that offers protection against possible deportation: “If you do not have a remedy, if you do not have a valid parole, if you do not have an asylum application or some type of protection, you are a person who can be rapidly deported.”
For those migrants with an I-220A, the lawyer recommended that they apply for asylum before reaching one year in the United States, as otherwise, the chances of deportation increase.
It also suggested considering options for status adjustment through marriage to a U.S. citizen, family petitions, or the Cuban Adjustment Act, for those who meet the requirements: “If you are Cuban and can already apply for the Cuban Adjustment Act, do so. If you are not Cuban, use other avenues such as marriage or asylum.”
Another relevant aspect is the impact that traveling back to the island after having applied for asylum or humanitarian parole could have on the immigration status of some Cubans.
Although it is not legally prohibited, Labrador warned that this could lead to complications when applying for citizenship, as immigration authorities may question your asylum request: “If you entered through the border seeking refuge and now return to Cuba, immigration authorities may question your asylum application and your status as a refugee. This could have consequences when you apply for citizenship.”
The lawyer also mentioned that many immigration officials have expressed their discontent with what they consider an abuse of these programs.
"There are countless cases of people who have abused the system. Everyone has a sick grandmother, yet they post pictures in luxury hotels in Havana. That doesn’t go unnoticed by the authorities," he commented.
To avoid any inconveniences, it was advised to wait until obtaining citizenship before traveling to Cuba, especially for those who gained their residency through the Cuban Adjustment Act.
The administration of Donald Trump has approved a new policy that expands accelerated deportations across the entire territory of the United States. The measure allows for the immediate expulsion of immigrants without the need for a prior hearing, as long as they cannot demonstrate that they have been in the country for at least two years. ICE operations have intensified and can now take place in locations such as schools, churches, and hospitals, causing fear within migrant communities. Read more about this measure.
In this context, the U.S. government has launched a multimillion-dollar campaign against illegal immigration, featuring advertisements in media outlets and social networks warning undocumented immigrants to leave the country voluntarily or face deportation with no possibility of return. This strategy has been reinforced in Florida and at the Guantanamo Naval Base, where arrests have taken place, sparking controversy and backlash from humanitarian organizations.
Moreover, the mass deportation policy impacts over 1.4 million immigrants who already have final expulsion orders, prioritizing those with criminal records or who have lost their legal status. According to ICE data, among the countries with the highest number of immigrants at risk of deportation are Honduras, Guatemala, Mexico, El Salvador, China, Haiti, Venezuela, and Cuba. However, the execution of these deportations faces challenges, as some of these countries have been labeled as "non-cooperative" and refuse to accept the return of their citizens.
The Department of Homeland Security has strengthened its message to undocumented immigrants: "Leave now", emphasizing that the new measures aim to reduce government costs and ensure stricter law enforcement. Meanwhile, lawyers and human rights advocates have warned that these policies could undermine due process and impact individuals with community ties in the U.S.
Frequently Asked Questions about the Expansion of Accelerated Deportation under the Trump Administration
What is expedited deportation?
Accelerated deportation is a process that allows for the swift expulsion of undocumented immigrants without a judicial hearing. This measure, used since 1996, has primarily been implemented at the southern border of the United States to deport individuals who have just arrived in the country. Under the Trump administration, it has been extended to the entire territory of the United States.
Who can be affected by expedited deportation?
The measure mainly affects immigrants who entered irregularly or who lack valid immigration documentation. Individuals with criminal records or revoked temporary permits are also a focus of this policy. Furthermore, beneficiaries of humanitarian programs from the Biden era, such as humanitarian parole, could face deportation if they have not regularized their status.
How does the accelerated deportation policy impact migrants with humanitarian parole?
The humanitarian parole allowed the temporary entry of migrants from certain countries, but the Trump administration has granted new powers to ICE to revoke these permits and deport their beneficiaries. This affects more than 530,000 people, including Cubans, Venezuelans, Haitians, and Nicaraguans, who entered legally under this program.
What legal options do migrants have to avoid expedited deportation?
Migrants can seek to regularize their status through asylum applications, adjustment of status due to marriage to U.S. citizens, or by taking advantage of laws such as the Cuban Adjustment Act. It is crucial for migrants in irregular situations to seek legal alternatives as soon as possible to protect themselves from potential deportation.
Does the expedited deportation policy face any legal challenges?
The policy has generated legal challenges and criticism for undermining due process. The American Civil Liberties Union (ACLU) has filed lawsuits arguing that federal laws and constitutional rights are being violated. These legal challenges could delay or modify the implementation of expedited deportations.
Filed under: