ACLU sues to block Trump's expansion of "fast-track" deportations
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The American Civil Liberties Union (ACLU) and two of its chapters are suing to halt President Trump's attempt to expand "fast-track" deportations without a full hearing.
Why it matters: The lawsuit filed Wednesday in U.S. District Court in Washington, D.C., is the latest of many legal challenges against the Trump administration in its first week after the president signed several executive orders on immigration.
Catch up quick: The Trump administration issued a new rule Tuesday that dramatically expands expedited removal to immigrants who cannot prove they have been continuously living in the U.S. for over two years.
- The new rule allows the U.S. Department of Homeland Security (DHS) to decide expedited removals, with limited exceptions, of immigrants who can't show that proof to "the satisfaction of an immigration officer."
- "The effect of this change will be to enhance national security and public safety — while reducing government costs — by facilitating prompt immigration determinations," the Trump administration said.
Yes, but: The ACLU said in court documents that the new rule violates current federal law and the Fifth Amendment's due process clause since it nearly erases full court hearings entitled to immigrants.
- "The expansion means that low-level DHS officers can now immediately and without process subject individuals in the interior of the United States to expedited removal, without any consideration of their family ties," the ACLU alleged.
- The ACLU also said previous studies show current expedited removals are plagued with error and often result in deportations of immigrants by mistake.
Zoom in: The case was filed on behalf of Make the Road New York, an immigrant advocacy group.
- The ACLU is asking a federal judge to issue a stay against the rule and declare it unconstitutional.
- "President Trump's decision to fast-track deportations is chaotic, unfair, and inhumane," said Arthur Spitzer, senior counsel at the ACLU of the District of Columbia, in a statement.
The other side: The White House said in a statement Wednesday that Trump has the authority under the Immigration and Nationality Act "to prevent the physical entry of illegal aliens into the United States across the southern border."
- The White House said President Trump to direct the Department of Homeland Security, the Department of Justice, and the Department of State to immediately "repel, repatriate, and remove illegal aliens."
- Representatives for Trump did not immediately respond to Axios' request for comment in the evening.
The bottom line: The executive orders and new rules seek to expand presidential powers by skirting existing laws, Supreme Court precedent, and even the U.S. Constitution for planned mass deportations of an estimated 11 million undocumented immigrants.
- The orders and rules are expected to face numerous legal challenges, which will likely slow down the adoption of mass deportations soon.
Go deeper: Trump's immigration orders rebuked by Christian leaders
