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DHS Extends Border Patrol’s Expedited Removal Power

According to the New York Times, the Department of Homeland Security (DHS) has empowered border patrol agents to deport undocumented aliens perfunctorily without hearings.  Legislation authorizing such expedited removal has been in place since 1996, but until now, DHS has only permitted officials at airports and seaports to exercise this authority.  Concerns about tightening the country’s borders to prevent terrorism have prompted the agency’s extension of this power to undocumented aliens apprehended within 100 miles of the Mexican or Canadian borders who have spent 14 days or less in the U.S.  Border agents will target primarily citizens of countries other than Mexico and Canada, beginning August 24 in Tucson and Laredo, Texas. 

 

Previously, undocumented aliens had the opportunity to plead their cases before immigration judges, who decided whether the immigrants would stay or be deported.  This process often lasted over a year, overburdening detention centers and depleting resources.  By contrast, expedited removal will enable deportation within eight days of apprehension—unless an immigrant displays a credible fear of persecution in his or her home country.  Such asylum applicants will continue to receive hearings before an immigration judge. 

 

Immigrant advocates denounce the new policy, fearing that legitimate asylum-seekers and American citizens or other travelers lacking proper documents will be improperly deported.  Because DHS has not disclosed much information about training border patrol agents to exercise their new discretion, advocates worry that agents will make mistakes. 

 

In the same press release declaring the expanded use of expedited removal, DHS announced that Mexicans with border crossing cards will be able to stay longer in the U.S, beginning December 31.  The new rules increase these temporary visits from 72 hours to 30 days within the border zone.  This includes the area within 25 miles of the border in Texas, New Mexico, and California and within 75 miles of the Arizona border.

 

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