A federal judge has ordered to immediately paralyze the expansion of the rapid deportation program implemented by the administration of President Donald Trump in. The magistrate has found that extending this program, one of the pillars of the massive expulsions policy of this government, creates a “significant risk” that immigrants who may have the right to stay in the country are summarily expelled without having occasion to examine their case properly.
In her decision, published on Friday night, Judge Jia Cobb, appointed for her position by Democratic President Joe Biden, accepts the requirement of a defense group of the rights of immigrants to suspend two procedures in force since the arrival of the Republican Administration in January and that has put A.
For decades, the rapid deportation process was only applied to irregular immigrants arrested less than 160 kilometers from the border and have been in the country for less than two weeks. But in 2019, Trump’s first government extended that procedure so that he could not demonstrate that he had entered more than two years ago, and regardless of where he was in the United States.
During his mandate, Biden canceled that measure, but upon his return to the White House in January Trump recovered it. His government considers that the right to a fair trial, guaranteed in article 5 of the Constitution, does not apply to irregular immigrants. That article stipulates: “No person will be deprived of life, freedom or property without due legal process”
Judge Cobb – the same that, hours before, examined in its court the claim of the governor of the Federal Lisa Cook reserve against Trump’s attempts to fire her – considers “shocking” that the government can say that foreigners who have lived for years in the United States do not have the right to resort to court or more option to avoid deportation than the roads approved by Congress.
“When exponentially expanded the number of people who could be subject to this procedure, the government did not adapt it to this new group of people,” writes the magistrate. And, when it comes to “people who live far from the border, prioritize speed over any other factor will inevitably lead to the government to deport people erroneously through this defective process.”
Cobb also attacks the practice that the Government has begun to apply, whereby when immigrants go to their ordinary hearings on their cases they are detained and subject to the rapid expulsion process. This tactic declares the magistrate, highlights the need to immediately block the procedure.
Earlier this month, this same judge had already paralyzed the application of rapid deportations to hundreds of thousands of immigrants who had been able to remain legally in the country for years received by the programs of parole, of probation waiting for the immigration courts to see their cases.
