The rule went into effect on Jul 23, and expanded these fast track deportations country-wide. As stated in a previous blog post
, the new rule poses a major problem for immigration attorneys. It is believed that the new process does not allow an immigration attorney the time to collect witnesses or evidence to defend their client’s claims. The ACLU argues in their lawsuit that the expansion of these deportations will strip hundreds of thousands of noncitizens of the basic constitutional right of a fair hearing on whether they are to be deported from their families, friends and communities in their United States.
Additionally, the lawsuit argues that more people are likely to be wrongly subjected to deportation because the current procedure places the burden of proof on the individual to show that they are not subject to expedited removal. With a fast-tracked process, the individual may not have the ability to provide the necessary proof.
Legally, the lawsuit poses four major reasons why the expansion of the expedited removal process should not stand: (1) that the expansion of the process is arbitrary and capricious; (2) that the rule violates the Fifth Amendment due process rights; (3) that the rule violates the Administrative Procedure Act (APA); and (4) that the process violates federal immigration laws that are already in place.
The implementation of the fast-track deportation expansion came just a week after the Administration announced it would deny asylum to anyone who passes through other countries on their way to the U.S. without seeking protection there first. That rule, which was aimed at individuals migrating from Central America, was temporarily blocked by a judge in California. However, a judge in Washington D.C. declined to halt the rule.
It is still yet to be seen whether the ACLU’s new lawsuit will be successful. To read a copy of the Complaint filed in the lawsuit click here
If you are a non-citizen looking to make an asylum application, or are having trouble with any other immigration issue, please call the attorneys at Bretz & Coven LLP. We will help you through the difficult process of applying for asylum status, protecting your rights and giving you the best chance possible at attaining legal residency. To schedule a consultation with our New York immigration lawyers, call (212) 267-2555