The Trump administration is issuing a new round of heavy-handed measures that could rapidly deport immigrants who entered the United States through recently established legal pathways, according to an internal Department of Homeland Security memo obtained the New York Times.
The directive, signed by the acting homeland security secretary, Benjamine Huffman, grants Immigration and Customs Enforcement (Ice) officials unprecedented authority to expedite deportations for immigrants who entered the country with government authorization through two key Biden-era programs.
These programs, which have allowed more than a million immigrants to enter the country since 2023, had provided scheduling for migrants or asylum seekers through the government-run app CBP One or temporary legal status for up to two years through a parole program for certain countries.
The newly reported memo instructs Ice officials to identify and potentially rapidly deport immigrants who have been in the country for over a year and have not yet applied for asylum, in effect sidestepping traditional immigration court proceedings.
In no waste of time, Trump’s press secretary, Karoline Leavitt, posted on X on Friday: “Deportation flights have begun,” accompanied by official pictures of people boarding a military-style aircraft.
Despite such flights being routine under successive administrations, the White House is promoting such images strongly and also deployed troops to the border late on Thursday, including US marines arriving in Boeing Osprey aircraft in California.
The developments come as so-called sanctuary cities like Chicago, Newark and Denver are experiencing direct impacts of the administration’s hardline immigration stance. In Newark, Mayor Ras Baraka condemned a small-scale local Ice raid on Thursday that he claimed resulted in the detention of both undocumented residents and citizens – including a US military veteran.
And Denver’s mayor, Mike Johnston, told CNN the city would cooperate with Ice to deport “violent criminals”, but pushed back against arrests in schools and churches.
A DHS spokesperson defended the new policies, writing in a statement that “Criminals will no longer be able to hide in America’s schools and churches to avoid arrest,” and that the administration “trusts law enforcement to use common sense”.
The American Civil Liberties Union (ACLU) has already challenged the policy in federal court, with the senior staff attorney Anand Balakrishnan characterizing the approach as a “mass deportation agenda” that circumvents constitutional due process.
Stephen Miller, a key architect of Trump’s hardline immigration policies, has been vocal in his opposition to the immigration programs of the last administration, previously criticizing the admission of immigrants from what he termed “failed states”.
Thousands who had received or were waiting for CBP One appointments south of the border were left devastated this week after the app was abruptly shut down moments after Trump was sworn in, while those already in the country using the app and who were preparing to apply for asylum may now be in the line of fire.
Later on Friday, the Trump administration followed up, announcing that it was expanding a fast-track deportation authority nationwide, allowing immigration officers to deport people without appearing before a judge.
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The administration said it was expanding the use of “expedited removal” authority so it can be used across the country, in a notice in the Federal Register outlining the new rules.
“Expedited removal” gives enforcement agencies broad authority to deport people without requiring them to appear before an immigration judge. There are limited exceptions, including if they express fear of returning home and pass an initial screening interview for asylum.
Critics have said there is too much risk that people who have the right to be in the country will be mistakenly swept up by agents and officers and that not enough is done to protect immigrants who have genuine reason to fear being sent home.
The powers were created under a 1996 law. But these powers were not widely used until 2004, when homeland security said it would use expedited removal authority for people arrested within two weeks of entering the US by land and caught within 100 miles of the border. That meant it was used mostly against immigrants recently arrived in the country.
In the notice on Friday the administration said the authority could be used across the country and would go into effect immediately.
The notice said the person put into expedited removal “bears the affirmative burden to show to the satisfaction of an immigration officer” that they have the right to be in the US.
The Associated Press contributed reporting
The Trump administration has granted Immigration and Customs Enforcement (ICE) the power to deport immigrants who came to the United States legally under the Biden administration. This move is part of the ongoing efforts by the Trump administration to crack down on immigration and enforce stricter policies at the border.
This decision has raised concerns among immigrant rights advocates who argue that it is unfair to target individuals who followed the legal process to come to the United States. Many fear that this could lead to increased deportations of immigrants who have been living in the country for years or have established roots here.
The Trump administration has been vocal about their stance on immigration, with President Trump often emphasizing the need for stronger border security and stricter immigration policies. This latest move is seen as a continuation of those efforts and is likely to have a significant impact on immigrant communities across the country.
As the debate over immigration continues to rage on, it is clear that the Trump administration is determined to take a hardline approach on the issue. The decision to give ICE the power to deport immigrants who came legally under the Biden administration is just the latest example of this ongoing crackdown.
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