Chicago Sun-Times

Ex- ICE chiefs question Trump plan

Speeding deportatio­ns may raise due- process concerns, they say

- Alan Gomez @ alangomez USA TODAY

Former immigratio­n enforcemen­t chiefs are questionin­g the legality of President Trump’s plan to ramp up a program that allows federal agents to quickly deport suspected undocument­ed immigrants without appearing before a judge.

“Expedited removals” have been in force for 20 years but have been used only against people caught within 100 miles of the U. S.- Mexican border and who are alleged to have entered the country within the previous two weeks.

Now, Homeland Security Secretary John Kelly has ordered an expansion

of the program to apply nationwide and for anyone who entered the country within the previous two years.

That expansion threatens the constituti­onal rights of undocument­ed immigrants who may get mistakenly deported, warned John Sandweg, who headed Immigratio­n and Customs Enforcemen­t under President Obama.

“The Supreme Court has consistent­ly held that even undocument­ed immigrants are entitled to due process,” he said.

Sandweg added that expedited removals have been a valuable tool for immigratio­n agents working near the border when they are dealing with clear- cut cases of illegal entry.

Julie Myers Wood, who headed ICE under President George W. Bush, agreed. She said her team considered expanding expedited removals, but decided against it because of legal concerns. She said other aspects of Trump’s tougher immigratio­n enforcemen­t plan also may run afoul of the law.

“Many of these authoritie­s have never been used that way,” Wood said. “The administra­tion is really testing the parameters of what’s acceptable. There is some litigation risk there.”

Congress created “expedited removals” in 1996. The program allows federal agents to interview each subject to determine whether he or she should be deported. If undocument­ed immigrants claim fear of persecutio­n or torture if returned to their home country, the agent is supposed to turn them over to U. S. Citizenshi­p and Immigratio­n Services to determine whether they have a “credible fear” and should be allowed to apply for political asylum.

The law allows for removal of undocument­ed immigrants who entered the country within the previous two years. But the Clinton administra­tion limited its use to people caught at ports of entry who had arrived in the previous 14 days. The Bush administra­tion expanded that to people caught within 100 miles of the border, and President Obama maintained that guideline.

Kelly’s order said an expansion is needed because courts are so backlogged it can take up to five years to deport people brought before a judge, creating a “national security vulnerabil­ity.”

Critics say that approach will rush undocument­ed immigrants through a process they barely understand without the right to an attorney and few options to appeal their deportatio­n.

The U. S. Commission on Internatio­nal Religious Freedom concluded in a 2016 report that those fears are well grounded. Researcher­s observed expedited removal proceeding­s and found that immigratio­n officers frequently skipped legally required steps.

 ?? EPA ?? Homeland Security Secretary John Kelly laid out the rules for deportatio­ns this week.
EPA Homeland Security Secretary John Kelly laid out the rules for deportatio­ns this week.
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