Of all the illegal immigrants in America far less than one million have criminal records. What is more, about two-thirds of illegal immigrant adults in 2014 had been in the U.S. As of 2014, the latest year for which we have statistics, the median time an undocumented adult has been living in the U.S. Which brings us to the question if we can't deport all these people, what are we to do with them? In this regard it's worth studying the illegal immigrant population a bit more closely. If you multiply this by some 11 million cases, you have a better idea of why legally removing the illegal immigrant population from America is going to take a long time and will be very expensive. ![]() What all this means is that to remove all illegal immigrants from America would require hearings in courtrooms with judges, prosecutors, defense counsel as well as the persons concerned all trying to coordinate their calendars to schedule mutually agreeable dates for hearings before the illegal immigrant can be deported. Illegal immigrants also have other legal protections. They are also protected by at least the Fifth and Fourteenth Amendments that provide the right to due process. For example, longer term illegal immigrants are entitled to the right to counsel, albeit at their own expense. Even illegal immigrants in America have certain constitutional rights, particularly those who have been here for longer periods of time. Kelly will soon discover, however, that the task of removing all illegal immigrants is more difficult than it seems. immigration law has been seriously beefed up. Even those present for over two years can still be removed, but they must be brought before a judge and provided due process first. for over two years, is a potential deportee on an expedited basis. Every illegal immigrant, except for those who have been in the U.S. An illegal immigrant who now is apprehended anywhere in the United States can be subject to expedited removal. for longer than 14 days, is outside the 100-mile zone or does not have a serious criminal record. In other words, it no longer matters that the person has been in the U.S. Kelly has removed all these restrictions on expedited removals. ![]() For the most part, however, the removals were targeted against illegal immigrants with serious criminal records as a matter of prosecutorial discretion. The key to such removals has been that there was no court hearing, no due process and no right to counsel. Immigration officials have used such summary procedures to also remove illegal immigrants who returned to the country and those who did not object to being removed on an expedited basis. for less than 14 days and who were apprehended within 100 miles of the Mexican border, or those seeking to enter the U.S. ![]() Until now this procedure could only be employed against illegals who have been present in the U.S. and do not have legal documents or who are improperly seeking entry at border crossings. Through expedited removals the Department can deport non-citizens who are in the U.S. A key aspect to the documents, however, is the significant expansion of the scope of expedited removals. There is a lot in the memoranda: the Mexican wall publicizing crimes of undocumented immigrants striping privacy protections enlisting local police as immigration enforcers new detention facilities discouraging asylum seekers and speeding up deportations. The memoranda expanded on two executive orders previously signed by President Trump to indicate how the Department will implement them. Kelly, the Secretary of the Department of Homeland Security, released two memoranda yesterday dealing with immigration enforcement.
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