The day after Donald Trump’s inauguration, his administration announced a new plan to massively expand fast-track deportation (called “expedited removal”) of undocumented immigrants without a fair legal process. The next day (January 22, 2025) we filed suit challenging that plan, together with the National ACLU and the New York Civil Liberties Union. The plaintiff in the lawsuit is Make the Road New York, an organization that serves immigrant communities in that state.
The policy targets undocumented immigrants nationwide. People apprehended by ICE who cannot prove that they are U.S. citizens, or that they have permission to be in the United States, or that they have been in the country continuously for at least two years, can be summarily deported. Under this rule, immigrants who may have been integrated into our communities would get less due process contesting their deportation than they would contesting a traffic ticket. Multiple U.S. citizens have been erroneously deported under the previous, much more limited version of “expedited removal,” because they have been unable to prove their status to the satisfaction of an immigration officer.
The lawsuit contends that such people are entitled to due process, meaning a fair opportunity to consult with counsel and to gather and present evidence showing that they are not subject to removal, including a fair opportunity to apply for asylum or other relief. The lawsuit alleges violations of the Fifth Amendment’s due process clause, the Immigration and Nationality Act, and the Administrative Procedure Act.
