Trump Drops His Presidential Hammer, Expands ICE’s Powers

President Trump just made his move to give ICE more powers to expedite the deportation of certain undocumented immigrants.

The left is already complaining – the notice printed in the Federal Register is below so you can see the exact language of the new rule to see for yourself…

From CBS: The Department of Homeland Security (DHS), which oversees the Immigration and Customs Enforcement (ICE) agents who remove people from the country, announced on Monday that it will now apply the practice of expedited removal — a fast-tracked deportation process — to undocumented immigrants across the country who fail to demonstrate they’ve been residing in the U.S. continuously for two years or more.

The change represents a dramatic shift in the way expedited removals have been applied in the past. Previously, immigrants who fell into two categories were subject to expedited deportation: border-crossing migrants who authorities encountered within 100 miles of either border who had been in the U.S. for less than two weeks, and undocumented immigrants anywhere in country who came by sea and lived in the U.S. for less than two years.

To defend the shift, DHS said in its notice in the Federal Register — the U.S. government’s official journal — that the new plan will ease the burden on the nation’s backlogged immigration courts by allowing ICE to deport unauthorized immigrants without placing them in “timeconsuming removal proceedings.” 

The notice printed in the Federal Register announcing the rule says:

“This Notice (this Notice) enables the Department of Homeland Security (DHS) to exercise the full remaining scope of its statutory authority to place in expedited removal, with limited exceptions, aliens determined to be inadmissible under sections 212(a)(6)(C) or (a)(7) of the Immigration and Nationality Act (INA or the Act) who have not been admitted or paroled into the United States, and who have not affirmatively shown, to the satisfaction of an immigration officer, that they have been physically present in the United States continuously for the two-year period immediately preceding the date of the determination of inadmissibility.

Presently, immigration officers can apply expedited removal to aliens encountered anywhere in the United States for up to two years after the alien arrived in the United States, provided that the alien arrived by sea and the other conditions for expedited removal are satisfied.

For aliens who entered the United States by crossing a land border, the Secretary of Homeland Security has exercised his discretion under the INA to permit the use of expedited removal if the aliens were encountered by an immigration officer within 100 air miles of the United States international land border and were continuously present in the United States for less than 14 days immediately prior to that encounter. The INA grants the Secretary of Homeland Security the “sole and unreviewable discretion” to modify at any time the discretionary limits on the scope of the expedited removal designation.

The Acting Secretary of Homeland Security is exercising his statutory authority through this Notice to designate for expedited removal the following categories of aliens not previously designated: (1) aliens who did not arrive by sea, who are encountered anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years; and (2) aliens who did not arrive by sea, who are encountered within 100 air miles from a U.S. international land border, and who have been continuously present in the United States for at least 14 days but for less than two years.

Therefore, the designation in this Notice (the New Designation) harmonizes the authorization for aliens arriving by land with the existing authorization for aliens arriving by sea.

The effect of that change will be to enhance national security and public safety—while reducing government costs—by facilitating prompt immigration determinations. In particular, the New Designation will enable DHS to address more effectively and efficiently the large volume of aliens who are present in the United States unlawfully, without having been admitted or paroled into the United States, and ensure the prompt removal from the United States of those not entitled to enter, remain, or be provided relief or protection from removal, said the notice on the Federal Register.

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