QUESTION: I have heard that with Trump’s executive order and the Department of Homeland Security (DHS) memo and with further items to be processed, people are being thrown out of the country left and right. I am very afraid. What can I do?
Answer: First of all, it is true that Trump is creating fear among immigrants and non-immigrants and people here in the United States illegally. He has created an atmosphere of absolute fear that every corner they walk around and every time they leave their house, they will be deported. However, this is not the case. As much as Trump wants to instill the fear and to make people believe that in his words (‘bad dudes’) will just be deported, this cannot simply happen. He cannot override the Immigration and Nationality Act.
Presently, there is basically only one section of the law that permits ‘expedited removal’. This would be for the following situation:
1. Somebody comes into the U.S. and claims to be U.S. citizen and/or does not have proper papers to actually be admitted to the U.S.
2. Somebody who has not been physically present in the U.S. for at least 2 years; and
3. Somebody who is more than 100 miles from the border.
Question: Do I get any due process rights with expedited removal?
Answer: Unfortunately, you do not get very many rights. Expedited removal is just what it says. The immigration officer will act as judge, jury, and prosecutor all in one. He or she will make the conclusion you are subject to expedited removal and then deported out of the U.S.
Question: Is there anything I can do in order to better protect myself?
Answer: It does seem that Trump and the people under Trump are trying to do this in a manner which might not be appropriate or valid. Thus, the first thing you should do is to have an immigration attorney give you a legal letter explaining why you are NOT subject to INA Section 235 and that expedited removal is not appropriate for you. This letter should have an attachment showing that you have more than two years of physical presence inside the U.S. Once the officer reads this letter, the hope is that he or she will stop trying to ‘expeditedly remove you’ and to put you in regular INA Section 240 removal proceedings where you can fight your case.
Question: What if the officer ignores the letter and evidence and still issues an order of expedited removal contrary to the law?
Answer: If that is the case, call the immigration attorney immediately. It is possible for us to file a habeas corpus and/or do other federal court interventions to stop the expedited removal showing it is not permitted under the law and is illegal.
Additionally, do not sign anything. The only realistic document that the officer would want you to sign is one stating you want to be voluntarily deported.
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Atty. Brian D. Lerner has been an Immigration Attorney for nearly a quarter of a century. He is married to a Filipina and has helped thousands of Filipino families all over the country. In addition to his offices in Southern California in Long Beach and Carson, he has an office in Quezon City. He is a certified specialist in Immigration and Nationality Law by the Legal Board of Specialization, California State Bar. The initial consultation is free. Call (562) 495-0554 and/or send an e-mail to [email protected].
