Trump's swift expulsion procedures anticipated by federal judge impeded
In a significant ruling, US District Judge Jia Cobb has blocked the Trump administration's expanded use of the "expedited removal" process, a move that could impact millions of undocumented migrants living in the United States.
The judge's 48-page opinion, published late Friday, was in response to the Trump administration's expanded use of the process, which was previously applied to migrants who had entered the US in the previous two weeks and later across the whole country, including those who had been in the US for up to two years.
Judge Cobb, appointed by former president Joe Biden, made the ruling in a case brought by Make The Road New York, a rights group supporting migrants. The judge's concern was that the expanded use of "expedited removal" could lead to people being "erroneously" deported without due process.
The process called "expedited removal" was previously used to rapidly deport migrants detained near the Mexican border if they had entered the US in the previous two weeks. However, the judge's opinion states that those who have long since entered the country are not the traditional group subject to "expedited removal".
The judge's ruling did not question the constitutionality of the expedited removal statute, only the expanded use of the process across the country and for migrants who had been in the US for more than two weeks. The judge emphasized that the court was not casting doubt on the constitutionality of the expedited removal statute or its longstanding application at the border.
Judge Cobb's opinion also criticized the Trump administration's argument that those who entered the country illegally are entitled to no process under the Fifth Amendment. The judge's concern was that such an argument could potentially put everyone at risk.
The Trump administration's mass deportation program has been restricted by numerous court rulings, notably on the grounds that those targeted should be able to assert their due process rights. The judge's ruling is another setback for the administration's efforts to deport undocumented migrants.
Interestingly, Trump campaigned to return to the White House vowing to deport millions of undocumented migrants. However, his administration's efforts to expedite the removal process have faced numerous legal challenges, underscoring the complexities of immigration policy in the United States.
It remains to be seen how the Biden administration will approach the issue of "expedited removal" and immigration policy more broadly. The ruling by Judge Cobb, however, provides a temporary reprieve for many undocumented migrants living in the United States.
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