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US Expands Rights To Deport Migrants Without Court Ruling

US Expands Rights To Deport Migrants Without Court Ruling. The government of the United States is introducing a new fast-track deportation process without immigration court ruling. In accordance with the new rule, migrants who cannot prove they have been in the US continuously for more than two years will be deported immediately. However, expedited deportations could only be applied to those detained near the border who had been in the US for less than two weeks. With this rule, thousands of people could be affected. After it is published on Tuesday, the new rule is expected to be effective immediately.

US Expands Rights To Deport Migrants Without Court Ruling

In recent months, US immigration policy has come under increasing scrutiny – particularly the conditions at the country’s detention centres on the southern border with Mexico.

Acting to the Secretary of Homeland Security, Kevin McAleenan said the change was “a necessary response to the ongoing immigration crisis and would help to relieve the burden on courts and detention centres”.

According to the US border patrol, 688,375 apprehensions have been made on the south-west border since October 2018, more than double that of the previous fiscal year. US president Donald Trump have been predicted by several analyst that he will make hardline immigration control a key element of his reelection campaign in 2020.

What’s changing?

In the past years, only people detained within 100 miles (160km) of the border who had been in the US for less than two weeks could be deported immediately. Migrants found elsewhere or have been in the country for more than two weeks, would need to be processed through the courts and would be entitled to a lawyer. But this is contrary to the new rule which state that,  people can be deported regardless of where in the country they are when they were detained, and without allowing them access to a lawyer. DHS said the new rules would allow it to pursue large numbers of illegal migrants more efficiently.

Who is affected?

According to the Pew Research Center, there are about 10.5 million of undocumented immigrants in the US. The average undocumented adult immigrant have lived in the country for 15 years. There could be an exemptions for those with serious medical conditions or “substantial connections” to US. Also, migrants eligible for asylum will still be entitled to speak to an asylum officer, who will access their claims.

A lawyer from the Migration Policy, Muzaffar Chishti told CBS New that: “Many migrants will struggle to be able to prove how long they have lived in the country when they are put on the spot. 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.”

Who is objecting?

The ACLU said that it was planning to launch a legal challenge within hours of the new rule being announced on Monday. The rights group tweeted;

“We are suing to quickly stop Trump’s efforts to massively expand the expedited removal of immigrants. Immigrants who have lived in the US for years will have less due process rights than people get in traffic court. The plan is unlawful. Period.”

Vanita Gupta, president of the Leadership Conference on Civil and Human Rights, in an interview told reporters: “The Trump administration is moving forward into converting ICE [Immigration and Customs Enforcement] into a ‘show me your papers’ militia.”