Thread: Immigration Officers Ordering Illegal Deportations without Hearings

Immigration Officers Ordering Illegal Deportations without Hearings, Finds ACLU

Citizens, lawful residents, asylum seekers, others with right to stay among those summarily deported
December 4, 2014

FOR IMMEDIATE RELEASE
CONTACT: 212-549-2666, media@aclu.org

NEW YORK – In the first comprehensive study of expedited deportations ordered by federal immigration agents instead of judges, the American Civil Liberties Union found numerous incidents of people with rights or strong claims to be in the United States who were deported without the chance to be heard.

The ACLU's investigative report titled "American Exile: Rapid Deportations That Bypass the Courtroom" is based on more than 130 cases of individuals who were deported, sometimes in a matter of hours, without the most basic due process protections — including a hearing before a judge and the chance to defend their claims. These deportations are ordered by the Department of Homeland Security (DHS), including officers of U.S. Customs and Border Protection (CBP), a DHS agency embroiled in controversy that has been widely criticized for lacking oversight and accountability.

"Under the current system, thousands of people are subject to the whim and mercy of immigration officers who are acting as prosecutor, judge and deporter," said Sarah Mehta, researcher with the ACLU's Human Rights Program and author of the report. "These officers are not equipped with the legal knowledge and expertise to decide who has rights or valid claims to enter and live in the United States."

There are more than 40,000 CBP officers authorized to issue these deportation orders with no lawyers or evidence required and no independent review as mandated by human rights law.

"If fairness and justice matter, our government has to allow people with claims and rights to be in the United States a real opportunity to defend those rights," said Mehta. "Our government has separated families and deported people to their death when we failed to give them the most basic opportunity to be heard and to defend themselves. We must do better — both for those facing deportation and the families left behind."

According to the report findings, in 2013 the United States conducted 438,421 deportations. In more than 363,279 of those deportations — over 83 percent — there was no hearing or review by a judge before the person was removed. These deportation orders come with the same significant penalties as deportation orders issued by a judge after a full hearing. An immigration officer can order someone deported and banned from the United States anywhere from 5 years to a lifetime. If an officer makes a mistake and deports some with a right or valid claim to remain in the United States there is virtually no way for that person to rescind the deportation order.

Prior to 1996, the vast majority of people facing deportations from this country had immigration court hearings. Now most do not, opening the way for errors or outright abuse.

"American Exile: Rapid Deportations That Bypass the Courtroom" tells the disturbing stories of individuals like Maria de la Paz, a U.S. citizen who was deported when the immigration agent who interviewed her assumed she was not born in the United States because she couldn't speak to him in English. Eventually, the U.S. government finally recognized her citizenship and issued her a passport, but only after her attorney filed a habeas petition on her behalf.

Some deportations of individuals in the report had devastating consequences, as in the case of Nydia R., a transgender woman from Mexico. Nydia already had asylum in the United States when she was twice unlawfully deported to danger.

"I didn’t know the immigration agents could have helped me," Nydia said, recalling her treatment at the U.S. border after being raped and attacked by gangs. "They had known all the reasons I was trying to come back to the U.S. and even knowing them, they sent me back." Deported to Mexico, Nydia was kidnapped and trafficked into the sex trade.

In addition to information from interviews with deportees, their families, lawyers and community advocates, "American Exile" includes recommendations to the federal government that are even more important in light of President Obama’s recent executive action announcement, which included both deferrals of deportations and new DHS-wide prosecutorial discretion guidance. For example, there are recommendations to immigration enforcement agencies on screening for individuals who qualify for relief and to ensure that people unlawfully deported have the chance to fix those errors.

Last Friday, a report by the U.N. Committee Against Torture expressed concerns over "the expansion of expedited removal procedures, which do not adequately take into account the special circumstances of asylum seekers and other persons in need of international protection."

The committee’s "concluding observations" also expressed concerns over CBP personnel failing to identify and refer many of the individuals placed in expedited removal for an asylum-screening interview and recommended to the United States to "review the use of expedited removal procedures, and guarantee access to counsel."

The full report, executive summary, and more information are at: https://www.aclu.org/american-exile-...pass-courtroom

The Spanish-language versions are at: https://www.aclu.org/exilio-estadoun...an-el-tribunal

https://www.aclu.org/immigrants-righ...ngs-finds-aclu

Last Friday, a report by the U.N. Committee Against Torture expressed concerns over "the expansion of expedited removal procedures, which do not adequately take into account the special circumstances of asylum seekers and other persons in need of international protection."

No, that is wrong. In this day and age of the Global Economy all these rat bastards are promoting, there should be no reason for "asylum" to begin with. If the UN was doing its job on "torture", they would be taking action against Mexico in the case of Nydia and every other country that creates the special circumstances of asylum seekers and every Mexican or other nationality in the world should be raising hell with the government in their own countries for allowing these special circumstances to exist and perpetuate.

I have problems or reservations about accepting anything to be of truth when there are contradictions in the story. I do not have a problem with CBP officers turning them away, when they have been coming by the 10's of thousands/year for 3 decades .

Originally Posted by kevinssdad

I have problems or reservations about accepting anything to be of truth when there are contradictions in the story. I do not have a problem with CBP officers turning them away, when they have been coming by the 10's of thousands/year for 3 decades .

I wonder if these deportations without hearings are actually voluntary deportations where the person agrees to be deported at our expense in lieu of a deportation hearing and the ultimate costs and risks associated with a hearing.

And of course, nobody seeks asylum anyplace except in the Land of the Free Ride. God forbid they should go somewhere where people speak their language.

And thru all of this, not a single politico that I know of has even mentioned the plight of our own foster children. There are approximately 59,000 of them in California, alone. Typically they term out of benefits at age 18. These kids then have high drop out rates and high rates of incarceration.
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Americans first in this magnificent country

American jobs for American workers

Fair trade, not free trade

. . . Capacities and contributions of host countries

Pakistan hosted the highest number of refugees -- mainly from Afghanistan. It also hosted the most refugees when intakes were compared to national economies, with 745 refugees per 1 USD GDP (PPP) per capita.

The Democratic Republic of the Congo was second with 592 refugees per 1 USD GDP (PPP) per capita, followed by Zimbabwe (527), the Syrian Arab Republic (244), and Kenya (237).

The highest-placed developed country on this measure was Germany at 26th place with 17 refugees per 1 USD GDP (PPP) per capita.

Australia was 68th on a per capita basis and 91st relative to national wealth.

Asylum applications in 2009

South Africa received the highest number of asylum applications in 2009: 222,324.

Other leading countries for asylum applications were the Republic of Congo (95,945), Kenya (87,879), Ethiopia (45,763), France (42,118), Malaysia (40,063), Uganda (36,878), Ecuador (35,514), Yemen (34,471) and Canada (33,970).

The industrialised countries with the largest number of asylum applications in 2009 were the
United States (49,020), France (41,980), Canada (33,250), United Kingdom (29,840),
Germany (27,650) and Sweden (24,190).

Australia was ranked 33rd for total asylum applications with 6206 new applications in 2009.

It was 41st on a per capita basis and 71st relative to national Gross Domestic Product (GDP). . .

http://www.sbs.com.au/news/article/2...-asylum-claims

Originally Posted by JohnDoe2

. . . Capacities and contributions of host countries

Pakistan hosted the highest number of refugees -- mainly from Afghanistan. It also hosted the most refugees when intakes were compared to national economies, with 745 refugees per 1 USD GDP (PPP) per capita.

The Democratic Republic of the Congo was second with 592 refugees per 1 USD GDP (PPP) per capita, followed by Zimbabwe (527), the Syrian Arab Republic (244), and Kenya (237).

The highest-placed developed country on this measure was Germany at 26th place with 17 refugees per 1 USD GDP (PPP) per capita.

Australia was 68th on a per capita basis and 91st relative to national wealth.

Asylum applications in 2009

South Africa received the highest number of asylum applications in 2009: 222,324.

Other leading countries for asylum applications were the Republic of Congo (95,945), Kenya (87,879), Ethiopia (45,763), France (42,11, Malaysia (40,063), Uganda (36,87, Ecuador (35,514), Yemen (34,471) and Canada (33,970).

The industrialised countries with the largest number of asylum applications in 2009 were the
United States (49,020), France (41,980), Canada (33,250), United Kingdom (29,840),
Germany (27,650) and Sweden (24,190).

Australia was ranked 33rd for total asylum applications with 6206 new applications in 2009.

It was 41st on a per capita basis and 71st relative to national Gross Domestic Product (GDP). . .

http://www.sbs.com.au/news/article/2...-asylum-claims

See this is bull crap. Highest number per PPP. Oh my God. What a stupid way to allocate refugees for "asylum." They need to be moved to countries near their own, border countries or countries at least within their region or at worst on the same damn continent. They need to be put in camps, funded and secured by the UN, not relocated permanently to other countries under "asylum". In this day and age, there should be no "asylum". If you want freedom, fight for it. If you want a better life, work for it. And do both in your own country.

Originally Posted by Judy

I wonder if these deportations without hearings are actually voluntary deportations where the person agrees to be deported at our expense in lieu of a deportation hearing and the ultimate costs and risks associated with a hearing.

Could be.

"Operation WHO CARES AS LONG AS THEY GO ELSEWHERE"

Immigration Officers Ordering Illegal Deportations without Hearings, Finds ACLU

The people of this country and all countries need to take a stance against all this crazy migration. It's going to end badly if it's not stopped now, not only in the United States but in other countries as well.