You have commented 339 times on Rantburg.

Your Name
Your e-mail (optional)
Website (optional)
My Original Nic        Pic-a-Nic        Sorry. Comments have been closed on this article.
Bold Italic Underline Strike Bullet Blockquote Small Big Link Squish Foto Photo
Home Front: WoT
Due Process for Undocumented Immigrants, Explained
2018-06-27
[NYTIMES] Can the government bypass [due process provisions?]

Yes. A 1996 statute
...that was President Bill Clinton’s watch...
permits immigration authorities to deport people without a hearing, a lawyer or a right of appeal under certain conditions, a process known as expedited removal. Under current policy, the Department of Homeland Security criteria for expedited removals apply to undocumented migrants found within 100 miles of the border and within 14 days of entering the country. The statute imposes no geographic limit and allows for expedited removals up to two years after a migrant has entered the country, raising the possibility that the Trump administration may use this power more aggressively.

Can a new immigrant avoid expedited removal?

Yes, by seeking asylum. When that happens, officers at the United States Citizenship and Immigration Services — not a judge — will review cases to decide whether applicants have a credible fear of persecution back home. If so, they are placed in the immigration court system for a fuller consideration of their request. If officers decided that asylum seekers have no credible fear and should be deported, they still have a right to appeal that denial to an immigration judge, who has seven days to decide.

What about “zero tolerance” and criminal prosecution?

Further complicating matters, while asylum and deportation proceedings are a civil process, the government can also separately pursue criminal prosecution in regular federal court. Illegally entering the United States is a misdemeanor on the first offense and a felony for repeat offenders. In April, Attorney General Jeff Sessions announced a “zero tolerance” policy for such crimes.
Posted by:Fred

#6  seeking Asylum

They want to run for Congress?
Posted by: g(r)omgoru   2018-06-27 13:50  

#5  ..put back on..

(ackkk) coffee please
Posted by: Procopius2k   2018-06-27 08:38  

#4  When that happens, officers at the United States Citizenship and Immigration Services — not a judge — will review cases to decide whether applicants have a credible fear of persecution back home

Anymore than someone but back on the bus back to Chicago (or Baltimore, et al).
Posted by: Procopius2k   2018-06-27 08:37  

#3  Falsely seeking Asylum should mean jailtime.
Posted by: Bright Pebbles   2018-06-27 05:37  

#2  I'm sorry but an Illegal Alien (I refuse to call them 'undocumented immigrant' like the NY Slimes because they are not immigrants) has no right IMHO to any immigrantion proceeding. they should be brought before a criminal court (which does *not* have the power to grant Asylum or immigrant status) to determine if they broke the law and, if so, be immediately deported. That is the 'due process' they require. No Immigration courts or process, no granting of Asylum, just a criminal court.
As for Asylum - only petitions brought before a consulate or port of entry should be considered. you violate the border and you forfit any asylum consideration.
Do that and illegal immigration would dry up to near zero.
I know... but I can dream can't I?
Posted by: CrazyFool   2018-06-27 01:09  

#1  I saw a tweet yesterday from Gabriel Malor (who I'd be inclined to believe) that explains that in certain circumstances, they do have limited due process rights. I'm fine with that if the end result is the overwhelming majority of them are kicked out onto the curb, or into some sleazy, flea-ridden bar in Tijuana.
Posted by: Raj   2018-06-27 01:09  

00:00