Federal judge blocked the accelerated process of expulsion of immigrants to the United States without the appearance of stakeholders before a court, causing a strong blow to the plan of mass deportations wished by President Donald Trump.
The so -called “accelerated expulsion” process was used by the US government to quickly send immigrants who were arrested near the Mexican border if they had entered the US in the previous two weeks.
However, after taking on the duties in January, the government has expanded the implementation of this process throughout the country and applied it to immigrants who could have been in the US for even two years.
Federal Judge Jia Komp has blocked, with a decision released late yesterday, the expanded application of the process, arguing that it could lead to expulsion in a “wrong way” outside any legal process, and above all without being able to prove that they were in the US for more than two years.
“Unlike the group of people who are targeted by the accelerated expulsion–those arrested at the border shortly after crossing them-the category of people now targeted by the accelerated expulsion are the ones who entered our country long ago.”
“Defending this appropriate procedure, the government is raising a ‘terrible’ argument :: that those who have entered the country illegally have no right on the basis of the fifth amendment (of the Constitution) and cannot rely on a possible measure for the sake of Congress,” he added.
“If this is true, not only aliens, but the whole world would be at risk.”
The fifth amendment of the Constitution aims to protect people from any abuse of government power in a legal process.
The judgment of the judge, appointed by previous Democratic President Joe Biden, was taken in the context of a case presented by “Make The Road New York”, a organization of the rights of immigrants.
The judge clarified that the Court does not dispute “the constitutionality of the accelerated deportation law or its implementation on the border”.
Jia COMP also cited an article in the Constitution that ensures that “no one will be deported by the United States, without being able to hear it at a given time”.
Source :Skai
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