What to Expect from “Mass Deportations”

Charles International Law has been getting a lot of questions on what to expect from the new president regarding “mass deportations.”  In truth, it is impossible to know for sure.  Many of the rules governing what is formally known as “enforcement and removal operations” are policies  rather than laws.  We don’t yet know which of those individual policies the Trump administration will decide to change.  For that matter, we cannot even promise the administration will follow the rules that actually are laws.

What we do know is that, ordinarily, you cannot be deported without a removal order signed by an immigration judge.  (Note: the technical,legal term is “removal.”  However, “removal” is both confusing and euphemistic, so we will use the older term “deportation.”)  The biggest exception to the removal-order requirement is “expedited removal,” which was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Expedited removal permits low-level Immigration and Customs Enforcement officials to deport certain aliens without a removal order, but usually only in certain situations: (1) when the alien arrived at a port of entry without valid entry documents; (2) if they have tried to enter through fraud or misrepresentation; (3) when the alien entered by sea without inspection and has been in the United States for less than two years; and (4) when the alien crossed a land border without inspection within two weeks of his or her arrest, and he or she was arrested within 100 miles of the border.

Of course, there are even exceptions to the exceptions.  Aliens who have already passed a reasonable fear interview and who are awaiting the adjudication of their asylum claim are not typically subject to expedited removal.  For that reason, we expect that most of our clients will not be affected by the mass deportations, assuming that expedited removal is the legal basis for the deportations, and the Trump administration adheres to the general outlines of current immigration law and policy.  

The exception to our assessment is for our clients with existing removal orders.  If a judge has already ordered your removal, you are likely near the top of the target list for the mass deportations.  You should contact Charles International Law immediately to see if you qualify for an appeal or a motion to reopen your case.

Schedule a free consultation at https://calendly.com/charleslegalservices/free-consultation.  Or hit us up on WhatsApp: 7172029407.