The American Immigration Lawyers Association (AILA) recently summarized
two memorandums detailing the new administration’s border security
and immigration enforcement policies. Although the new policies claim
to be in the service of improving national interest and security, many
of the stated priorities seem fixated on minor infractions and mass deportation
rather than on specific threats to the country. Most concerning is the
reference to use of “Expedited Removal (“ER”). ER will
apparently be used when an alien cannot prove that he has been in the
United States longer than two years at the time of an arrest or removal
review. Then, the alien is removed from the United States immediately
and without ever having the opportunity to post bail or see an Immigration Judge.
The Department of Homeland Security (DHS) will now execute U.S. immigration
laws without exempting any classes or categories from the enforcement
of these laws. This includes those who have been charged with an unresolved
criminal offense, those who committed minor infractions, and those who
were charged with a crime and acquitted. DHS is also instructed to remove
such aliens speedily, but such fast-track removal undermines due process
and blocks access to humanitarian protections, which are guaranteed under
U.S. law. According to the summary, the fact that one has been charged
(not convicted) of a crime will be sufficient grounds to make the person
a removal priority. Moreover, if the reviewing officer has reason to believe
that a person has committed a crime (not even charged) the officer has
the authority to prioritize removal.
The memorandum states that DHS officers are expected to use their discretion
when arresting or apprehending aliens, so long as they have a “probable
cause.” With such broad instructions, it is clear that all aliens
are a priority, and that these recent changes are tantamount to a mass
deportation plan. To help enforce this plan, the director of ICE has been
instructed to hire 10,000 ICE agents and officers as well as any other
staff necessary to support these new policies. The recent information
makes clear that the “Obama” memos relating to prioritizing
solely serious criminal aliens is vacated.
DHS Secretary John Kelly also issued a memorandum, which further outlines
the implementation plan regarding border security, calling for massive
expansion in detention and requiring DHS to detain even those who do not
have criminal convictions. However, they do not have the capacity for
this level of detention. ICE currently has the capacity to accommodate
34,000 detainees, though they typically detain between 40,000 to 50,000
people. This is nothing compared to the estimated 200,000 they are expected
to detain on a daily basis as a result of the new changes.
Mathur Law Offices, P.C. was founded in 1990 by Mr. Sanjay Mathur and has
since been dedicated to guiding clients through the process of protecting
immigrants and their due process rights. Mr. Mathur has developed a strategy
to assist clients in avoiding Expedited Removal. Mathur Law Offices, P.C.
will review each individual’s case and develop the right methodology
for protecting each individual rights so long as the individual is accepted
as a client and qualifies for relief to remain in the United States. Call
now for an individual consultation to protect your rights!
Contact our office today at (888) 867-5191 to schedule your initial consultation.