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What Trump's 'expedited removal' really means for immigrants in the US. By Nolan Rappaport

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© Getty

Knowing that an alien in the United States who is charged with being deportable has a statutory right to a hearing before an immigration judge and that there is a backlog crisis in our immigration courts, I predictedthat President Donald Trump would not be able to deport millions of undocumented immigrants.

Since then, the backlog has gotten even higher. As of the end of January 2017, it was 542,411 cases and the average wait time for a hearing was almost 700 days.

Even if the immigration judges did not receive any additional cases, it would take them more than two-and-a-half years to catch up.




But President Trump has finessed his way around this problem by implementing a little-known expedited removal provision in his executive order (EO), “Border Security and Immigration Enforcement Improvements.” The provision is section 235(b)(1)(A)(iii)(II) of the Immigration and Nationality Act (INA).

Read more at --
http://thehill.com/blogs/pundits-blo...-immigrants-in

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 the 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. He also has been a policy advisor for the DHS Office of Information Sharing and Collaboration under a contract with TKC Communications, and he has been in private practice as an immigration lawyer at Steptoe & Johnson.




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Updated 02-24-2017 at 04:41 PM by ImmigrationLawBlogs

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  1. ImmigrationLawBlogs's Avatar
    Updated reply as of February 28 at 11:00 am:

    The real purpose of Trump's latest move toward mass deportation and ethnic cleansing in America is stated better than anywhere else in a website (which may be real or a satire - it is hard to tell the difference) called:

    Make America Fascist Again


    Here is a quote from the site:

    "Mexicans fail to understand - this is because of their-weaker
    minds - that just because you were born here,, that does not make you an American...Mexicans - due to a genetic flaw, cannot and will not ever have the capacity to be true Americans and that is why they should not be allowed in..."

    See:

    Immigration Reform/Trump for Fascist Glory

    (Sorry - I do not have a working link - please go to Google.)

    There could not possibly be a better, or clearer, explanation of the real motivation behind Trump's latest immigration enforcement memos (except, of course, that for the people who drafted them, the notion that immigrants lack the capacity to become true Americans applies to all immigrants of color, not just Mexicans
    .





    Updated reply as of February 27 at 7:16 am:

    This is just the latest example of how Trump, who complains that any election he might lose is rigged against him, is trying himself to rig the entire immigration system so that many fewer immigrants than before will have a chance.


    Nolan has not given himself an easy task in trying to dice. slice and parse his way around Trump's march to dictatorship, including not only his agenda of hatred and diregard of basic human rights of millons of non-white immigrants, but his almost daily attacks on the basic freedoms of the American people by actions such as locking out news organization which criticize him in yet another attack on the freedom of the press which is at the heart of our democracy.

    One has to admire Nolan's ingenuity in trying to make it appear that somehow Trump's actions in trying to ban almost 200 million potential Muslim immigrants and visitors from our shores, and his rapid moves toward the mass expulsion and ethnic cleansing of 11 million non-white immigrants already here are related to the "normal" actions of previous administrations regarding immigration.

    But they are not normal, at least by American values and the standards set forth in our Constitution.

    They are normal, or at least closer to normal, however, when judged by the standards of a different country, one that is located in Central Europe, and which standards were in vogue in that country between 1933 and 1945.

    Roger Algase
    Attorney at Law
    Updated 02-28-2017 at 10:08 AM by ImmigrationLawBlogs
  2. ImmigrationLawBlogs's Avatar
    Roger seems to lose sight of the fact that Trump will not be deporting anyone who isn't here illegally. Apparently Roger thinks DHS should limit immigration enforcement to whites to avoid discriminating against non-whites by enforcing the law against them too. But wouldn't that be ethnic cleansing of the whites in our society?

    According to testimony on the Visa Waiver Program at a congressional hearing last year, the number of overstays has been brought down to 500,000 a year. How a DHS official could brag about that achievement is a mystery to me, but she did.

    Assuming therefore that previous years have been worse, it is very likely that large portion of the 11 million immigrants here illegally are European, not non-white.

    Nolan Rappaport
  3. ImmigrationLawBlogs's Avatar
    I am not at all suggesting that Trump should conduct the same types of raids and arrests of European immigrants as he is currently doing with Latin American ones to "make things equal" from a racial point of view. This of course will never happen anyway in Trump's white nationalist America, even though I am personally hearing from some {legal} European immigrants who are afraid that they or their friends and relatives will also be singled out for anti-immigrant persecution - I tell then not to worry - that they are not the targets.

    But what Trump is trying to do is becoming clearer every day. Under color of the immigration laws, he is launching what could become the most massive ethnic cleansing movement ever seen in America, or, arguably, the world for that matter, and is doing this as a means to his goal of taking total power in America.

    Latino and Muslim immigrants are to Trump what the Jews were to Hitler - a means to total power by exploiting popular feelings against an unpopular minority through promises to "protect" the majority citizens against the minority in exchange for the majority citizens' giving up their freedom.

    Trump's programs of persecuting and terrorizing Mexican, Central American and South American immigrants in order to drive them out of the US through mass deportation, just as Hitler did with the Jews in the 1930's (also according to law - the Nuremberg Laws); and his attempt to bar huge numbers, if not ultimately all, Muslim immigrants from coming to the US purely because they happen to live in countires which are 99 percent Muslim, and without any showing of individual danger to the US, are all part of a larger plan - which we are seeing almost daily in his attacks on the press, on the courts, and on anyone else who opposes him and his grandiose image of himself - together with the DOJ's just announced plan to continue using private prisons as a gulag for immigrants (and, inevitably, one day sooner rather than later, US citizen opponents of his regime).

    This larger plan is, quite clearly, to seize total power in America and to change our country from a Constitutional democracy into a fascist dictatorship,

    Yes, there are difference between Trump and Hitler - Trump is not an anti-Semite and he does not advocate mass murder or genocide.

    These are, to be sure, big and important differences

    But in their dangers to the freedom of their respective countries, there are all too many resemblances between Donald Trump and Adolf Hitler - ones which we as Americans will ignore at our peril.

    Roger Algase
    Attorney at Law
    Updated 02-25-2017 at 07:30 AM by ImmigrationLawBlogs
  4. ImmigrationLawBlogs's Avatar
    As Americans, let us all hope that Trump will reverse course and move toward racial and religious equality, freedom and democracy, rather than exclusion, fascism and dictatorship as he is now doing.

    Roger Algase
    Attorney at Law
  5. ImmigrationLawBlogs's Avatar
    Roger,

    I would like to know how you can draw such extreme inferences from Trump's decision to fully implement statutory expedited removal provisions that were established more than 30 years ago with the enactment of IIRIRA...signed into law by Bill Clinton?

    Nolan Rappaport

    Updated 02-27-2017 at 05:30 PM by ImmigrationLawBlogs
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