Press Releases
01/24/2020
Attorney General Tong Files Amicus Briefs Opposing Massive Expansion of Expedited Removal Process, Fights to Protect Residents from Erroneous Deportation
Expedited Removal Deprives Immigrants of Access to Legal Representation or Opportunity for Defense
(Hartford, CT) -- Attorney General William Tong joined two amicus briefs filed this week in the U.S. Supreme Court and D.C. Circuit Court of Appeals in opposition to Trump Administration efforts to vastly expand use of expedited removal proceedings. Expedited removal is a fast-tracked deportation process that denies access to legal representation, witnesses, or any meaningful opportunity to present evidence or a defense.
"Deportation is a severe and serious step that separates individuals from their families, communities and careers. Stripping individuals of basic due process protections in a massive rush to removal is unacceptably error prone. The risk of severe harm to families is simply too high to justify this reckless and unnecessary plan," said Attorney General Tong.
Expedited removal has historically applied to individuals apprehended within 14 days of entry into the United States and within 100 miles of the border. In July 2019, the Trump Administration announced it was immediately expanding expedited removal to apply anywhere in the United States to individuals who cannot establish that they are lawfully in the country, have continuously resided within the country for two years, or have a credible fear of violence or persecution if returned to their home countries.
Despite the great potential for error in this process, expedited removal results in final deportation orders that are not subject to meaningful review by a federal judge. Lawful residents, U.S. citizens, asylum seekers, or other individuals with legal protections that enable them to remain in the country could be, and have been, mistakenly subjected to deportation.
A federal district court issued a preliminary injunction to prevent the expansion of expedited removal from taking effect while litigation is ongoing.
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