(Para leer este artículo en español, haga clic aquí)
We all know there are such things as “immigration court,” “immigration judges,” and “immigration lawyers.” The fact that they exist suggests that before people are deported from the U.S., there will be some sort of proceeding in court where people plead their cases before immigration judges. Unfortunately, in many cases, immigrants and refugees are arrested, detained, and speedily deported from the U.S. without ever having a chance to talk with family members, get advice from a lawyer, collect evidence to show that they should not be deported, or see an immigration judge. For Mexicans, the entire process can take place in a matter of hours; for Central Americans, within days.
In most cases, there is no possibility of appeal from these kinds of deportation orders.
These rapid deportations, stripped bare of due process protections, are called “expedited removals” or “reinstatement of removals,” and came into being with the Illegal Immigration Reform and Immigrant Responsibility Act (IRRAIRA of 1996. (The same law introduced the term “removal” in place of the word “deportation”; many people use the terms “deportation” and “removal” interchangeably although “removal” is the technically legally correct word for the process by which the U.S. government forcibly and involuntarily removes a person who is not a U.S. citizen from the United States.)
Congress passed the bill promising “improvements” to “strengthen” and “streamline” border enforcement. President Bill Clinton signed the bill into law on September 30, 1996, but without fanfare. Instead, on that day he talked about how many refugees the U.S. would allow intro the country. (Pay no attention to that erasure of rights behind the curtain! Lookie here, we’re a beacon of freedom!)
For the last several years, the Department of Homeland Security (USDHS) has used “expedited removal” primarily against people whom it finds within 100 miles of the border who cannot prove that they have been in the U.S. for at least two weeks. It “reinstates” the removal of people who have been deported/removed before. Ordinary immigration officials can make the decision to rapidly deport people through in this quick, no-muss, no-fuss manner. No need to bother with lawyers, judges, hearings, or any of that stuff that can slow down your day.
There are three possible ways to get off the expedited removal or reinstatement of removal express:
1) A person can tell an immigration official that she fears returning to her home country; she should then get an interview with an asylum officer;
2) The person can explain that he is a U.S. citizens or legal permanent resident (LPR, someone who has a so-called “green card”);
3) The person can show that neither the expedited removal process, nor the reinstatement of removal process, should apply to her.
What is frightening about the new executive orders issuing from the current presidential administration is that they allow the Department of Homeland Security (DHS) to dramatically expand the use of expedited removal. Instead of applying expedited removal to people who have been in the country for less than two weeks, DHS now may use expedited removal against people who have been in the U.S. for less than two years.
The administration has also narrowed the first escape route, the one for people who came to the U.S. fleeing persecution in their own countries, by changing the instructions to asylum officers. These officers determine whether refugees have either “credible” or “reasonable” fears of returning home; DHS is now telling the asylum officers to be stricter in its determinations. The Tahirih Justice Center has analyzed the new instructions; you can read their comments here: http://www.tahirih.org/wp-content/uploads/2017/03/Tahirih-Summary-of-CFI-RFI-Changes-3.6.17.pdf
The information below can be shared with loved ones who are immigrants or a refugees, so that they can protect themselves:
- Share information with the people you trust.
- First of all, share your daily plans with the people who love you and whom you trust. If you don’t show up at work or at home when you are expected to be there, they will know something is wrong.
- Make sure your loved ones know your full name and variations on your name that you use, for instance, your name including your mother’s last name and without it.
- Make sure your loved ones know your full birthday.
- If you are a legal permanent resident, or have been granted asylum or Temporary Protected Status (TPS) and have an “A” number, make sure the people you trust know your “A” number. It can be almost impossible to find a person detained by immigration without this information.
- Remember that the WORST thing that you can do is lie to an immigration official.
- Making any kind of false or misleading statement to an immigration official, or to any federal agent or employee, can have disastrous consequences that last for years or even a lifetime. Don’t do it! It’s far better to remain silent than to make up a name or a story. You have the right to remain silent (although you may prefer to tell the immigration officer why you shouldn’t be in expedited removal proceedings).
- Do NOT claim fear of returning to your home country if you are not actually afraid of persecution or torture.
- Just do not lie. Ever. Ever. Ever.
- Gather the documents you need and keep them in a safe place.
- In order to avoid expedited removal, you will need to be able to show that you have been in the U.S. for at least two years since the last time you entered the country, OR that you cannot return to your home because you will be persecuted* or tortured there. (The requirements are more than just persecution, but that is another subject.) Make copies of documents that will show you have been living in the country for at least two years, such as rent receipts, old mail addressed to you, documents from work. Keep the originals in a safe place and let your loved ones know how to find these papers in case of emergency. Keep the copies with you, in case you are stopped.
- Of course, if you are a legal permanent resident or have another legal status, keep your LPR card or other identification with you. On the other hand, it is risky to show an expired LPR driver’s license if you are not absolutely sure you are in the U.S. lawfully; if you show an expired license, immigration could turn that around on you and charge you with making a false claim about your immigration status.
- Keep with you, or memorize, the phone numbers of people you would call in case of an emergency – and look out for each other.
It’s awfully sad when a “good” result would be getting into a “regular” deportation/removal process rather than an expedited removal, but unfortunately, that’s where we are right now. At least in a regular deportation/removal hearing, you’ll have more of a chance to fight.
(Virginia Raymond, champion of many, practices law in Austin, Texas.)
