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A federal judge ruled Friday that the Department of Homeland Security can’t use a speedy process known as “expedited removal” to oust millions of migrants the Biden administration allowed in using a legally iffy parole program.
Judge Jia Cobb, a Biden appointee to the court in Washington, said the fast deportation law generally applies to new arrivals without legal status and can’t cover the parolees, who were welcomed by the government and who have put down roots.
“If the Congress that was so concerned about abuse of the parole system had created a solution by which the Executive could summarily deport parolees using expedited removal, you would think it would have noted as much,” she wrote.
Her decision is a major blow to President Trump as he tries to boost deportation numbers.
Expedited removal lets illegal immigrants be deported without a full immigration court process, abbreviating the challenges and appeals a migrant can bring.
Judge Cobb said it can result in “more wrongful removals.”
The case goes to the heart of the legal questions about parole, which experts describe as a timeout from the usual immigration process.
It’s supposed to be used on a case-by-case basis for urgent humanitarian needs or when the government gets a significant benefit from letting a migrant enter despite lacking a legal visa. Classic cases involve a foreigner who needs to serve as a witness, or someone who needs urgent medical treatment available in the U.S. --->READ MORE HERE
A federal judge on Friday blocked Immigration and Customs Enforcement’s “expedited removal” deportation strategy to detain paroled immigrants as quickly as possible.
U.S. District Judge Jia Cobb of the District of Columbia ruled that the Trump administration’s use of expedited removal exceeded the Department of Homeland Security’s legal authority, in addition to being arbitrary and capricious. The order temporarily halts the federal government’s efforts to deport immigrants previously paroled into the United States at a port of entry.
Cobb specifically blocked three actions: a DHS memo dated Jan. 23 directing immigration officials to apply expedited removal as broadly as possible; an ICE directive dated Feb. 18 authorizing officers to consider expedited removal for “paroled arriving aliens”; and a DHS notice dated March 25 terminating the Biden-era parole programs for Cubans, Haitians, Nicaraguans, and Venezuelans.
The court took issue with the administration’s actions to dismiss parole immigrants’ pending proceedings in immigration court and proceed to arrest them outside the courtroom afterward.
“This case’s underlying question, then, asks whether parolees who escaped oppression will have the chance to plead their case within a system of rules,” Cobb wrote in the 84-page ruling. “Or, alternatively, will they be summarily removed from a country that, as they are swept up at checkpoints and outside courtrooms, often by plainclothes officers without explanation or charges, may look to them more and more like the countries from which they tried to escape?” --->READ MORE HERE
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