The Trump administration has directed federal immigration officers to pinpoint migrants eligible for swift deportation from the United States, bypassing the need for a court hearing. This move is part of a broader strategy to expedite deportations. According to an internal memo from the Immigration and Customs Enforcement (ICE), dated February 18 and reported by The Washington Post, a fresh plan has been laid out to speed up removals and identify potential targets of this policy.
Over a million migrants who entered the U.S. under programs initiated by the Biden administration could be subjected to this expedited removal process. Officials are also instructed to comb through nearly eight million pending deportation cases to locate more individuals who can be quickly expelled. The memo details that migrants may face rapid deportation if they entered the country illegally without passing through a legal port of entry, arrived on temporary parole, or received a notice to appear before immigration authorities but haven't applied for asylum or lack valid immigration documentation, or have provided false information, as reported by The Washington Post.
Groups Facing Potential Deportation
Nicaraguans, Venezuelans, and other migrants who legally entered under Biden's humanitarian programs but have yet to regularize their status might be affected. Additionally, individuals who used the CBP One app to schedule an entry appointment could also face deportation. Paul Hunker, former ICE senior advisor in Dallas, remarked that this policy empowers the agency to target individuals who have resided in the U.S. for years. Historically, expedited deportation focused on recent arrivals, not long-time community members, he explained.
Controversial Elements of the Policy
One contentious aspect of the memo permits ICE agents to consider deporting migrants protected by asylum judges by sending them to third countries instead of their home countries. Lawyers warn this could endanger migrants, as there are no assurances that these third nations won't send them back to where they fled. Immigration attorney Ira Kurzban from Miami cautioned that this is an attempt to sidestep the fundamental asylum law principle of not returning individuals to countries where their life or freedom is at risk.
The expanded use of expedited deportations may face legal challenges, with immigrant advocates arguing it infringes on due process. The Trump administration also confronts logistical hurdles in locating migrants and determining if they have applied for any permanent protective status, The Washington Post noted.
Legal Concerns and Challenges
Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU), expressed concern over the expedited process. He highlighted that the use of rapid deportations at the border has resulted in numerous errors, and expanding such a system without due process to long-term residents is troubling on another level. In January, the ACLU filed a lawsuit to block the implementation of this measure within the U.S.
Immigration lawyer Ismael Labrador explained that the Trump administration is focused on fast-tracking deportations for migrants lacking a legal avenue to remain in the country. According to Labrador, the new strategy aims to swiftly expel those without a legal recourse to avoid deportation, emphasizing that individuals who have violated the law and lack a valid defense could face expedited removal.
In a conversation with journalist Mario J. Pentón, Labrador detailed that this measure will predominantly impact specific migrant groups, including those who entered irregularly via the border, beneficiaries of humanitarian parole, individuals with an I-220A who haven't applied for asylum, those who entered through a port of entry without valid documents, and those committing immigration fraud. He also noted that the Trump administration intends to dismantle immigration programs introduced under Biden's government, such as CBP One and humanitarian parole aimed at Cubans, Venezuelans, Nicaraguans, and Haitians.
Advice for Migrants in Uncertain Times
As immigration policies tighten, experts advise those in irregular situations to seek legal alternatives promptly. Labrador emphasized the importance of having a migration status that offers protection against possible deportation: "If you lack a remedy, a valid parole, an asylum application, or any type of protection, you are at risk of expedited deportation." For migrants with an I-220A, he recommended filing for asylum within a year in the U.S. to reduce deportation risks. He also suggested exploring status adjustment options through marriage to a U.S. citizen, family petitions, or the Cuban Adjustment Act, for those eligible.
Additionally, Labrador warned that some Cubans traveling back to the island after seeking asylum or humanitarian parole could impact their migration status. While not legally prohibited, this may complicate citizenship applications, as immigration authorities might question their asylum claim: "If you entered through the border seeking refuge and now return to Cuba, immigration authorities can challenge your asylum request and refugee status. This could have consequences when applying for citizenship." He also pointed out that numerous immigration officials have voiced dissatisfaction over what they see as abuse of these programs.
"There are many cases of individuals abusing the system. Everyone claims to have a sick grandmother, but then they post photos in luxury hotels in Havana. Authorities do not overlook this," he commented. To avoid complications, he recommended waiting to obtain citizenship before traveling to Cuba, especially for those who obtained residency through the Cuban Adjustment Act.
The Trump administration has greenlit a new policy broadening expedited deportations nationwide. This measure allows for the immediate expulsion of immigrants without prior court proceedings, provided they can't prove they've been in the country for at least two years. ICE operations have intensified and can now be conducted in places like schools, churches, and hospitals, heightening fear in migrant communities.
In this context, the U.S. government has launched a multimillion-dollar campaign against illegal immigration, featuring media and social media ads warning undocumented immigrants to leave the country voluntarily or face deportation without the possibility of return. This strategy has been particularly reinforced in Florida and at the Guantanamo Naval Base, where detentions have taken place, sparking controversy and condemnation from humanitarian organizations.
Furthermore, the policy of mass deportations affects over 1.4 million immigrants with final removal orders, with a focus on those with criminal records or who have lost their legal status. According to ICE data, countries with the highest numbers of immigrants at risk of deportation include Honduras, Guatemala, Mexico, El Salvador, China, Haiti, Venezuela, and Cuba. However, executing these deportations poses challenges, as some of these countries are labeled "non-cooperative" and refuse to accept their citizens back.
The Department of Homeland Security has reinforced its message to undocumented immigrants: "Leave now," emphasizing that the new measures aim to cut government costs and ensure stricter law enforcement. Meanwhile, lawyers and human rights advocates have warned that these policies could infringe on due process and affect individuals with community ties in the U.S.
Key Questions About Trump's Deportation Policies
What is the primary goal of Trump's new deportation policy?
The primary goal is to expedite the deportation of migrants by bypassing court hearings and focusing on those who cannot prove a legal right to stay in the U.S.
Who might be affected by the expanded expedited deportation measures?
Migrants who entered irregularly, those with temporary parole, individuals using CBP One, and those lacking valid immigration documentation might be affected.
What legal challenges could Trump's deportation policy face?
The policy could face challenges for potentially infringing on due process and posing logistical difficulties in identifying migrants and their legal statuses.
What advice is given to migrants at risk of deportation?
Experts recommend seeking legal alternatives, such as asylum application or status adjustment through marriage or family petitions, to protect against deportation.