San Francisco Chronicle

Plan widens net for fast-track deportatio­ns

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Some are already warning immigrants who are in the U.S. illegally to prepare for the changes, in some cases by carrying proof of long-term residence.

“It is significan­t depending on how it is executed,” said Noah Kroloff, a former senior Department of Homeland Security official who served as chief of staff for then-Secretary Janet Napolitano. “It essentiall­y means anyone who cannot demonstrat­e that they have been in the country for two years is potentiall­y subject to expedited removal by immigratio­n authoritie­s.”

The growth of expedited removal would rely on a policy that was on the books when the president took office, but was not used to its full extent under past administra­tions. How exactly the administra­tion might carry out the deportatio­ns is not known, because the Department of Homeland Security has yet to officially publish its policy.

In a memo released last week, Homeland Security Secretary John F. Kelly said he planned to expand immediate deportatio­ns, but he did not include details. He noted that he had the power to extend the program to immigrants across the country who have lived here for less than two years and came into the country without proper documents.

Trump’s executive order on immigratio­n, signed Jan. 25, called on Kelly to fully enforce the statute on expedited removals, which was instituted in 1996. That would mark a shift from Presidents George W. Bush and Barack Obama, who limited the mechanism to those who were in the country less than 14 days and found within 100 miles of a border.

Advocates are bracing for what could be a dramatic change given that, under Trump’s executive order, nearly all immigrants in the country without documentat­ion are now considered priorities for removal. They say continuous residency in the U.S. for more than two years can be difficult for many people to immediatel­y document, and are concerned that decisions on whether expedited removals should proceed will be made by on-the-ground immigratio­n officers, not judges.

The potential for due-process violations is vast, they say, and would add to an already heightened sense of fear in immigrant communitie­s.

“It’s going to be an avalanche. We know it’s coming, but it isn’t here yet,” said Zachary Nightingal­e, an immigratio­n attorney at Van Der Hout, Brigaglian­o & Nightingal­e, LLP in San Francisco.

While a majority of the nation’s 11 million unauthoriz­ed immigrants have been in the country for at least a decade, according to the Pew Research Center, Nightingal­e worries that raids could force the swift removal of individual­s who don’t have immediate proof of long-term residency. He has begun telling some people to carry such documentat­ion, if possible.

Experts such as Pratheepan Gulasekara­m, a professor at Santa Clara University School of Law, believe the number of expedited removals could increase exponentia­lly. According to the most recent government statistics, the Department of Homeland Security ordered more than 176,000 people to be removed with fast-track deportatio­ns in 2014.

“Theoretica­lly, somebody encountere­d in the middle of Kansas, who may have been in the country many years, is going to essentiall­y be subject to expedited removal — that is a serious bill of rights, dueprocess problem,” said Gulasekara­m. He predicts numerous legal challenges to any such expansion.

In his speech to Congress on Tuesday, Trump said that by “finally enforcing our immigratio­n laws,” the country will “raise wages, help the unemployed” and save billions of dollars while enhancing safety.

But tougher immigratio­n enforcemen­t requires resources, including more federal agents, judges and detention facilities. In his memo, Kelly noted there are more than 534,000 cases — a record high — pending nationwide in immigratio­n courts, and that some individual­s won’t have cases heard by a judge for up to five years.

“This unacceptab­le delay affords removable aliens with no plausible claim for relief to remain unlawfully in the United States for many years,” Kelly said.

Those whose cases are heard in immigratio­n court can hire an attorney to present their case in front of a judge, and they can appeal any removal order, first to a special board and then to a federal court. That’s not the case with expedited removals: An immigratio­n officer arrests an individual and makes the deportatio­n order on the same day, advocates say.

There is no right to appeal to a court, though individual­s can ask for asylum by citing the purported danger of a return to their home country.

Gulasekara­m said broadening expedited removals — or even discussing the prospect of doing so — could force immigrants into the shadows, making them “much more hesitant to engage in any form of communicat­ion with government, any officers, be they federal immigratio­n officers or local.”

The shift could also dissuade some migrants from crossing the border to begin with, which is the goal of the Trump administra­tion, he said.

“It creates a climate of fear,” Gulasekara­m said. Hamed Aleaziz is a San Francisco Chronicle staff writer. Email: haleaziz@sfchronicl­e.com Twitter: @haleaziz

 ?? John Moore / Getty Images ?? A group of Guatemalan immigrants exits an Immigratio­n and Customs Enforcemen­t agency jet in Guatemala City after their deportatio­n from the United States last month.
John Moore / Getty Images A group of Guatemalan immigrants exits an Immigratio­n and Customs Enforcemen­t agency jet in Guatemala City after their deportatio­n from the United States last month.

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