What we see in greater deportation activity

The news of the day is action by the Trump Administration to crush any resistance of countries (mainly Latin American) to flights from the U.S. carrying deported persons back to their country of origin. A blow up with Colombia lasted less than 24 hours.

However, a development with much more serious implications is the plan by the administration to expand “expedited removal.”

Expedited removal is located in Section 235(b)(1) of the Immigration and Nationality Act. This law authorizes immigration officers to summarily remove certain noncitizens without further hearing or review, thus by-passing immigration courts. Generally speaking, expedited removal applies to persons who have been in the United States without authorization for up to two years.   Thus, any long-term authorized resident would not be subjected to expedited removal.

The Trump administration has filed a proposed change to expedited removal by reversing a 2022 policy by the Biden  administration to limited use of expedited removal to persons within 100 miles of the border. The new rule will extend the power throughout the U.S.

The NY Times reported that on January 25 Dept of Homeland Security Secretary Homans issued a memo which extends expedited removal to all so-called CHNV humanitarian visa holders – those who have been admitted up to 30,000 a month since this program was created by Biden to divert persons from the Mexican border. The CBP One app was used for many of these persons as well as by others. The DHS is basically saying that the CHNV program and the CBP App were illegal and thus anyone admitted through one or both of these programs is not authorized. This entire population is about 1.2 million.

This initiative is consistent with my expectation that Trump will go after the large numbers of persons admitted under Biden by temporary visa programs.

 

 

 

 

 

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