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Trump's fast-tracked deportations may be only solution to backlog. By Nolan Rappaport

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© Getty

An alien who seeks admission to the United States without valid documents can be sent home without a hearing, and, this does not apply just to aliens at the border. An undocumented alien may be viewed as “seeking admission” even if he has been living here for more than a year.

But for immigration purposes, words mean whatever the Immigration and Nationality Act (INA) says they mean.

Section 235(a)(1) of the INA says that an alien who is in the United States but has not been “admitted” shall be viewed as an applicant for admission for purposes of this Act. And section 101(a)(13) of the INA says that the terms "admission" and "admitted" mean a lawful entry into the United States after an inspection and authorization by an immigration officer.

This makes it possible for DHS to use expedited removal proceedings to deport undocumented aliens who already are in the United States without giving them hearings before an immigration judge, which is necessary now because the immigration court is experiencing a backlog crisis.


As of the end of August 2017, the immigrant court's backlog was 632,261 cases, and the immigration court has only 330 immigration judges. The backlog is getting larger every year because the judges are not even able to keep up with the new cases they receive each year.

Read more at http://thehill.com/opinion/immigrati...al-solution-to

Published originally on The Hill.

About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.






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  1. ImmigrationLawBlogs's Avatar
    The most ominous statement in Nolan's article is not in the parts dealing with the court backlog, or in the disregard for basic due process rights that is inherent in the expedited removal system (as Nolan himself points out), but in the last full paragraph (in his link to the full article in The Hill). where he states that the president is trying to "identify possible detention sites for holding criminal aliens and other immigration violators."

    To be sure, there have been countries in recent history where holding people whom the regime does not want to be in the country for lengthy, or indefinite, periods of time has been the preferred method chosen by the country's rulers for dealing with that situation.

    If Trump is looking for names for his proposed immigration detention centers, he might consider borrowing a few from one of those regimes. Here are some names that Trump might wish to consider for his immigrant detention sites, in order to carry on the spirit of a well known previous leader of one such country toward unwanted minority populations in the country he controlled:

    Dachau, Buechenwald and Bergen-Belsen.

    Roger Algase
    Attorney at Law
    Updated 10-19-2017 at 05:07 PM by ImmigrationLawBlogs
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