Trump Plans Mass Deportations

The latest memos coming out of the Department of Homeland Security regarding the immigration crackdown are frightening in their scope. With the exception of those previously protected under DACA, virtually every undocumented immigrant is now subject to deportation.

DHS plans to hire an additional 5,000 Border Patrol agents, another 10,000 ICE agents, and build additional detention centers as well as to begin planning the border wall. The money to fund these actions will require Congressional approval. In addition, the DHS is also now authorized to make agreements with state and local law enforcement to essentially deputize those officers into performing the duties of immigration authorities. Previous experiences using regular police as immigration agents have shown it leads to racial profiling

While saying that it will still be focused on deporting criminals, the fact is that DHS has even expanded the meaning of that term. Traffic tickets, parking violations, and even just being charged with a crime but not yet convicted would subject an undocumented immigrant to deportation. And technically, there is nothing in the order that would prevent the deportation of any undocumented immigrant who has never been involved with the law at all.

More disturbingly, DHS is now going to expand the “expedited removal” program that bypasses the usual court proceedings for deportation. That program was limited to immigrants found within 100 miles of the border who could not prove they had been here more than 14 days. Under the new rule, the program will apply countrywide and immigrants will have to prove they have been in the country more than 2 years in order to receive due process.

In an Orwellian twist, one of the reasons for expanding the expedited removal process is because there is already a backlog of around 500,000 cases in the courts. DHS describes this situation as untenable and its solution is to bypass immigration courts entirely. Essentially they are saying, we won’t fund the immigration court system to work effectively so we can’t let you have access to the immigration court system. Orwell would be proud.

Also in the new rule is the removal of privacy protections for all non-citizens or green card holders. The previous policy offered some protections of the Privacy Act. Those protections are now gone. In addition, DHS has set up a propaganda outfit to document the number of victims of crime by undocumented immigrants.

Parents who are here already and try to reunite with their children by sneaking them into the country could face deportation or human trafficking prosecution. Also included in the rule is a plan to send Central American refugees back to Mexico, rather than their home country as has been the practice for decades. This would probably violate international law as well as require approval from Mexico, which is not likely to happen.

The expansion of the expedited removal program is ripe for abuse. ICE agents have already shown a penchant for fabricating evidence and ignoring the rule of law. There were clear indications that ICE was continuing to enforce the Muslim ban for many hours after the courts applied a restraining order on that ban. And a case in Seattle also showed that ICE most probably doctored a detainee’s statement in order to try to show he was a gang member. For those that are undocumented, I would imagine it would be pretty hard to prove that you were in the country for more than the two years required, especially when the only judge who will decide that is an ICE agent.

This new rules will only lead undocumented immigrants even further into the shadows and create even more fear and tension in those communities with local law enforcement. It will destroy families and disrupt businesses. And it will all be to please Trump’s alt-right base.

Lastly, it will become more and more important for these undocumented immigrants to know the limited rights they have. This will become harder and harder as they go further underground. But it is important to know that ICE can not enter your residence without a warrant. It is ICE policy to knock on doors and say they are the police investigating a crime and ask to come in. Since most police forces are not interested in immigration status, undocumenteds have gotten in the habit of cooperating with local police. That must end. If you are an illegal immigrant, never let any law enforcement officer into your home without a warrant.  And this is another example of how Trump’s mass deportation will actually make local law enforcements’ job even harder.