If Congress won’t fix the immigration mess they created, it looks like the people in the Trump Administration will just go ahead and do it for them.
On Monday the Department of Homeland Security Announced that Immigration and Customs Enforcement will be allowed to utilize something called “expedited removal” for undocumented illegal aliens who cannot prove that they have been in the United States for more than two years.
The change represents a dramatic shift in the way expedited removals have been applied in the past. Previously, immigrants who fell into two categories were subject to expedited deportation: border-crossing migrants who authorities encountered within 100 miles of either border who had been in the U.S. for less than two weeks, and undocumented immigrants anywhere in country who came by sea and lived in the U.S. for less than two years.
The idea is to ease the backlog of cases that are clogging up the system with so many loopholes both in the law, and with border groups undermining the Border Patrol by opening gates that are supposed to be closed, and the shift of smuggling activity to the areas where there is no barrier at this time.
Naturally, the self-styled pro-immigration forces who never pass up an opportunity to try to use the courts to stop conservatives from looking out for the nation piped up with displeasure.
Omar Jadwat, who leads the Immigrants’ Rights Project of the American Civil Liberties Union (ACLU), vowed to challenge the policy in court.
“Under this unlawful plan, immigrants who have lived here for years would be deported with less due process than people get in traffic court,” Jadwat added. “We will sue to end this policy quickly.”
Along with the argument that the new plan denies immigrants sufficient due process, Muzaffar Chishti, director of the Migration Policy Institute’s New York office, said the legal challenge to the policy will most likely also rest on the fact that many immigrants who are apprehended will face “significant hardship” in proving to an ICE agent that they’ve lived in the U.S. for more than two years.
“When you’re apprehended on the street or at a factory, it’s obviously not easy to establish with evidence that you’ve been here for more than two years because you’re not carrying all your documents with you,” Chishti told CBS News.
Seriously, they are grasping at straws with that.
At any rate, since the Trump Administration and the Senate are busy filling empty seats in the judiciary branch, advocates of illegal aliens can sue away. They may not get very far.