Trump administration to use ‘full statutory authority’ to remove illegals

by WorldTribune Staff, July 23, 2019

The Department of Homeland Security (DHS) announced on July 23 that it would “exercise the full remaining scope of its statutory authority” to expedite the removal of illegal immigrants in the U.S.

DHS said the expanded authority will first target illegal-immigrant criminals, such as MS-13 gang members, as well as recent migrants who were given deportation orders by judges.

“The extended authority will also minimize the risk that protests and progressive groups will be able to block deportations,” Neil Munro noted in a July 22 report for Breitbart News.

The deportation authority is allowed under a 1996 law that was not used by migrant-friendly presidents Barack Obama and George W. Bush.

[[Meanwhile, the New York Times reported: “More than 2,000 migrants who were in the United States illegally were targeted in widely publicized raids that unfolded across the country last week. But figures the government provided to The New York Times on Monday show that just 35 people were detained in the operation. … [P]ublicity may have prompted many of those who had been targeted — 2,105 people in more than a dozen cities who had received final deportation orders but had not reported to Immigration and Customs Enforcement officers — to temporarily leave their homes, or to move altogether to evade arrest. Advance notice of the large-scale operation also gave immigrant advocates time to counsel families about their rights, which include not opening the door or answering questions. On social media, community groups shared detailed information about sightings of ICE agents.”]

A statement from DHS acting Secretary Kevin McAleenan said:

“DHS has determined that the volume of illegal entries, and the attendant risks to national security and public safety presented by these illegal entries, warrants this immediate implementation of DHS’s full statutory authority over expedited removal. DHS expects that the full use of expedited removal statutory authority will strengthen national security, diminish the number of illegal entries, and otherwise ensure the prompt removal of aliens apprehended in the United States.”

Opponents of the DHS expanded authority vowed to block it.

The American Immigration Council said in a tweet it “will not stand idly by. We will see the Trump administration in court.”

The ACLU tweeted: “We are suing to quickly stop Trump’s efforts to massively expand the expedited removal of immigrants. Immigrants that have lived here for years will have less due process rights than people get in traffic court. The plan is unlawful. Period.”

DHS’s July 23 notice:

This Notice (this Notice) enables the Department of Homeland Security (DHS) to exercise the full remaining scope of its statutory authority to place in expedited removal, with limited exceptions, aliens determined to be inadmissible under sections 212(a)(6)(C) or (a)(7) of the Immigration and Nationality Act (INA or the Act) who have not been admitted or paroled into the United States, and who have not affirmatively shown, to the satisfaction of an immigration officer, that they have been physically present in the United States continuously for the two-year period immediately preceding the date of the determination of inadmissibility. Presently, immigration officers can apply expedited removal to aliens encountered anywhere in the United States for up to two years after the alien arrived in the United States, provided that the alien arrived by sea and the other conditions for expedited removal are satisfied. For aliens who entered the United States by crossing a land border, the Secretary of Homeland Security has exercised his discretion under the INA to permit the use of expedited removal if the aliens were encountered by an immigration officer within 100 air miles of the United States international land border and were continuously present in the United States for less than 14 days immediately prior to that encounter. The INA grants the Secretary of Homeland Security the “sole and unreviewable discretion” to modify at any time the discretionary limits on the scope of the expedited removal designation. The Acting This document is scheduled to be published in the Federal Register on 07/23/2019 and available online at https://federalregister.gov/d/2019-15710, and on govinfo.gov 2 Secretary of Homeland Security is exercising his statutory authority through this Notice to designate for expedited removal the following categories of aliens not previously designated: (1) aliens who did not arrive by sea, who are encountered anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years; and (2) aliens who did not arrive by sea, who are encountered within 100 air miles from a U.S. international land border, and who have been continuously present in the United States for at least 14 days but for less than two years. Therefore, the designation in this Notice (the New Designation) harmonizes the authorization for aliens arriving by land with the existing authorization for aliens arriving by sea. The effect of that change will be to enhance national security and public safety—while reducing government costs—by facilitating prompt immigration determinations. In particular, the New Designation will enable DHS to address more effectively and efficiently the large volume of aliens who are present in the United States unlawfully, without having been admitted or paroled into the United States, and ensure the prompt removal from the United States of those not entitled to enter, remain, or be provided relief or protection from removal.


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