[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. |