[Rushtalk] Trump says illegal immigrants should be deported with 'no judges or court cases'

Carl Spitzer cwsiv at juno.com
Sun Nov 25 14:53:52 MST 2018










WASHINGTON (Reuters) - President Donald Trump said on Sunday that people
who enter the United States illegally should be sent back immediately to
where they came from without any judicial process, likening them to
invaders who are trying to “break into” the country.


U.S. President Donald Trump speaks at the Nevada Republican Party
Convention in Las Vegas, Nevada, U.S., June 23, 2018. REUTERS/Kevin
Lamarque



His proposal drew immediate criticism from legal analysts and immigrant
rights advocates who said it would violate the U..S. Constitution’s due
process provision, which applies to citizens and non-citizens alike.


In a series of tweets on Sunday, Trump said: “We cannot allow all of
these people to invade our Country. When somebody comes in, we must
immediately, with no Judges or Court Cases, bring them back from where
they came.”


“Cannot accept all of the people trying to break into our Country.
Strong Borders, No Crime!”


It was unclear if Trump was advocating an expansion of the provision
that allows expedited removals of illegal immigrants at or near the U.S.
border, a policy his administration has embraced since he took office.
Nor did Trump differentiate between illegal immigrants and people who
entered the United States to seek asylum protection.


The White House did not return a call seeking clarification.


“The president of the United States has just forcefully proposed the end
of political asylum and no due process for migrants,” Sherrilyn Ifill,
president of the NAACP Legal Defense Fund, wrote on Twitter.


Lee Gelernt, the deputy director of the ACLU’s Immigrants’ Rights
Project, told Reuters: “The administration cannot simply get rid of all
process for immigrants. The due process clause absolutely applies. It’s
not a choice.”


Authorities can bypass due process protections with the expedited
removals policy that allows quick deportations if an immigrant is
apprehended within 100 miles (160 km) of the border and has been in the
country less than 14 days. Those seeking asylum must be granted a
hearing.


Trump’s tweets on Sunday came after a week of global outcry over images
and video of crying children and their distraught parents separated at
the U.S.-Mexico border. Critics in Trump’s Republican Party, as well as
his wife and daughter, urged him to abandon the policy.


The president buckled to the pressure on Wednesday, issuing an executive
order that ended the separations. But the government has yet to reunite
more than 2,000 children with their parents.




TRUMP FUMES OVER IMMIGRATION

But Trump’s frustration over the issue only grew. He has issued a
drumbeat of criticism of the immigration system and Democrats in
Congress, while using increasingly harsh terms such as “invasion” and
“infestation” to describe illegal immigration..


“Here, I think he is making it clear, he just doesn’t want anybody here.
He wants people to just be sent back, no matter what,” said Jorge Baron,
executive director for the Northwest Immigrant Rights Project, who
compared Sunday’s tweets with comments Trump was reported to have made
in January about immigrants from “shithole” countries.


While some who advocate for stricter immigration rules have argued that
people are making fraudulent asylum claims or abusing the loopholes in
U.S. immigration laws, Baron said Trump’s views went way beyond those
arguments.


Trump’s “zero tolerance” policy of prosecuting adults for entering the
country illegally entails a process that typically takes many months.
That required children to be separated from parents because they are not
legally allowed to be kept in detention for more than 20 days.


Keeping the children with their migrant parents as they await court
proceedings faces obstacles, however, including the lack of sufficient
housing, a paucity of immigration judges and a daunting backlog of
cases.


Under expedited removal proceedings, which are used most commonly at
ports of entry, an immigration official can evaluate an immigrant’s
claim and reject it with no involvement by an immigration judge or
review board.


The Trump administration called last year for the expansion of the
expedited removals program to immigrants who have been in the country
illegally for up to two years.


There is an exception from expedited removal for those with a credible
fear of returning home.


Lindsay Harris, an assistant professor of law at the University of the
District of Columbia, said those with no credible fear could still see a
judge, while those with such a fear could begin a long legal process
that eventually could result in asylum and applying for a work permit.


“It’s already an extremely truncated process,” the ACLU’s Gelernt said.
“The president’s suggestion that there is a ton of process for these
individuals is simply wrong. There are already people being removed with
a truncated process.”


Reporting by Doina Chiacu and Sarah N. Lynch; Additional reporting by
Jonathan Stempel in New York; Editing by Lisa Shumaker and Peter Cooney


https://www.reuters.com/article/us-usa-immigration-trump/trump-calls-for-deporting-illegal-immigrants-with-no-judges-or-court-cases-idUSKBN1JK0OL

 


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