NEW — The Trump admin. is making more undocumented immigrants eligible to be quickly deported without a court hearing, instructing ICE agents to oversee the nation-wide expansion of a policy that had long been limited to border areas. @CBSNews. cbsnews.com/news/ice-depor…
The expansion of "expedited removals" comes as DHS has been touting a series of pre-election ICE operations in cities across the US, from California to New York, that have adopted "sanctuary" policies that limit local law enforcement cooperation with federal deportation agents.
Previously, expedited removals could only be used within 100 miles of US land borders.
ICE agents can now place undocumented immigrants arrested anywhere in the US in expedited removals if they fail to demonstrate they have lived in the country for 2 years or longer.
Advocates say expedited removals deny immigrants due process and give ICE agents too much power.
"To make the (ICE) official the judge, the prosecutor, the jury, the police — that's just ridiculous in terms of the rule of law and due process," - Don Kerwin of @CMSnewyork
@SCourtneyDC and @Haleaziz first reported that ICE would be implementing the new expanded expedited removal rules in the wake of a favorable court order:
New: The 9th Circuit has denied the Trump admin.'s request to suspend an order by US Judge Dolly Gee that requires ICE / DHS to stop detaining migrant children it seeks to expel from the southern border in hotels (except for 72-hour stays).
The stay the 9th Circuit placed on Gee's order expires tomorrow and DHS will be barred from overseeing a large-scale border hotel detention system.
The 9th Circuit today rejected the Trump admin. argument that children who DHS seeks to summarily expel under a COVID public health order are in the legal custody of the CDC, noting that DHS has all the decision-making authority over them (it detains + expels them).
ICE quietly stopped holding migrant children in border hotels on Sept. 11.
But CBP says unaccompanied minors and families with children can still be expelled from the US, without an opportunity to seek asylum, under COVID restrictions. @CBSNews. 1/ cbsnews.com/news/u-s-stops…
On Sept. 4, a federal judge ordered ICE to stop detaining migrant children in hotels, barring 72-hour stays.
That order, however, is not in effect due to a stay the 9th Circuit keeps extending.
DHS seemed to be complying with an order is not bound to (not yet at least). 2/
The number of unaccompanied children transferred to the US refugee agency—a requirement under anti-trafficking law—has increased in the past weeks.
Between April and July, the refugee agency received 330 children, even as CBP recorded 5,900 + arrests of unaccompanied minors. 3/
The Trump-Biden contest in 35 days is a juncture for US immigration policy, pitting drastically different visions on green card policy, asylum, refugees, ICE detention and deportations and border restrictions against each other. 1/
Former and current senior DHS officials said a Biden admin. could face an arduous and long road in reversing Pres. Trump's immigration changes.
"It's not like someone shows up on day one and can stop doing regulation A, B or C," DHS No. 2 Ken Cuccinelli told @CBSNews. 2/
If victorious, Biden will be under pressure to not just to undo Trump’s changes, but to also move away from some Obama-era policies, particularly on deportation and detention.
"I always say that Trump is abusing the ICE deportation machine that Obama built” one activist said. 3/
The scope of the Trump admin.'s COVID policy of expelling migrant children, without affording them humanitarian protections enshrined in US law, was revealed Friday.
8,800 minors apprehended without adult family members have been expelled since March. 1/ cbsnews.com/news/8800-migr…
In addition to 8,800 unaccompanied minors, 7,600 members of migrant families with children were also expelled by border officials.
In total, 159,000 expulsions have been carried under this indefinite pandemic policy, which was authorized by CDC Director Robert Redfield. 2/
How big of a shift is this? US law allows border-crossers to fight their deportation by requesting asylum.
The Trump admin. has worked to restrict asylum for 3 + years, arguing it is abused. But it has never been able to summarily expel migrants—let alone children—until now. 3/
DHS No. 2 Ken Cuccinelli ordered officials in Dec. 2019 to fire or reassign staffers who compiled reports on violence, corruption and poverty in El Salvador, Guatemala and Honduras that Cuccinelli felt undermined the Trump admin's asylum policies, per a whistleblower complaint.
Senior DHS official Brian Murphy, who filed the whistleblower complaint to the DHS inspector general yesterday, said he called Cuccinelli's instructions "illegal."
In his whistleblower complaint, senior DHS official Brian Murphy also accuses former DHS Sec. Nielsen's inner circle—including current acting Sec. Chad Wolf—of manipulating data about potential terrorists entering the southern border (to promote border wall construction).
U.S. Judge Dolly Gee ordered DHS yesterday to cease using hotels as detention facilities for migrant children it seeks to expel from the border.
Gee said DHS can't "evade its obligations under the Flores Agreement by hiding behind" public health law. 1/ cbsnews.com/news/judge-rul…
If upheld, Gee's order will generally end the hotel detention system used by DHS to expel unaccompanied children and families under a public health CDC directive (there's an exception for ~2-day stays).
However, the order does not block DHS from continuing to expel children. 2/
The legality of expelling migrant children under public health law is being challenged in another federal court.
Gee, who oversees litigation over the 1997 Flores Agreement, is ordering DHS to transfer children to licensed facilities within 72 hours of apprehending them. 3/