A federal judge blocked the accelerated procedure for the expulsion of migrants from the United States without appearing before a court, which inflicted a setback on the mass expulsion plan sought by President Donald Trump.
The so -called “accelerated expulsion” procedure was used by the Republican Administration to quickly return to the migrants arrested near the Mexican border if they had entered the United States in the previous two weeks.
However, since entry at January, the Trump administration has generalized the application of this procedure to the entire country and applied it to migrants who had been in the United States for periods of up to two years.
People who have come to the United States “for a long time” attacked
Federal Judge Jia Cobb blocked, in a text published on Friday night, this extended application of the procedure, arguing that it could lead people to be expelled “in a wrong” of any legal procedure, and in particular without having the possibility of demonstrating that they have been in the United States for more than two years.
“Unlike the group of people attacked by accelerated expulsion, those who are arrested at the border shortly after crossed, the category of people to whom the government now points with accelerated expulsion has entered our country for a long time,” said Jia Cobb.
“In defending this expedited procedure, the government is advancing a really surprising argument: those who have illegally entered the country have no right to any procedure for the fifth amendment (of the Constitution) and can only count on a possible measure of grace of the congress,” he added. “If it were true, not only foreigners, but everyone would be in danger.”
The fifth amendment of the Constitution aims to protect people from any abuse of government authority in legal procedures.
Judge Cobb’s decision, who had been appointed by former Democratic President Joe Biden, is part of a case attended by “Make the Road New York”, a group for the defense of migrants’ rights. The judge said that the court “did not doubt the constitutionality of the accelerated expulsion law, nor its application to the border.”
One of Donald Trump’s great campaign issues in the White House career had been the promise of the expulsion of millions of undocumented migrants. But its massive references program has been hindered by numerous judicial decisions, particularly with the argument that directed people should affirm their right to regular procedure. Jia Cobb also invoked an article in the Constitution that guarantees that “no one will be expelled from the United States without the possibility of being heard.”
Source: BFM TV
