MEMPHIS, Tenn. — A Memphis immigration attorney says a new tactic by the Trump administration for deporting immigrants is happening here in the Mid-South.
It happens at scheduled immigration hearings where their cases are dismissed, and they’re arrested on the spot. Attorneys say it’s part of a plan to fast-track the deportation process.
“We have this operation that has rolled out very recently where ICE agents are going into courthouses, to US immigration courthouses and arresting certain non-citizens as they leave the building,” said Andrew Rankin, immigration attorney.
Rankin says these are scheduled hearings, not even a trial. Within the last week, he knows of at least eight arrests in Memphis, and according to CBS News, it’s been happening in other parts of the country too, like in Dallas, when several immigrants were arrested in court, Friday.
He says the government will make a motion to dismiss the case; in most cases, the person is not represented by an attorney.
“The judge says, okay, I’ll grant the motion. Mr. So-and-so or Mrs. So-and-so, your case is dismissed. I’m going to give you a piece of paper signed by me that says your case is dismissed and you’re free to leave,” said Rankin.
He says all of it is either in English or through a court interpreter in their language. After they leave, and a short period of time later, they’re taken into custody immediately outside the courtroom or in the general hallway.
“They seem to be focused on the amount of time that the non-citizen has been in the U.S., and it’s not arbitrary. It’s actually a reason for this,” said Rankin. “They’re generally focusing on people who have been here for less than two years. And that’s because two years is the trigger for a fast-track deportation proceeding.”
Rankin says this calls into question the court’s impartiality and encourages those who may be concerned to consult with an attorney.
We reached out to the Department of Homeland Security, US Citizenship and Immigration Services, and ICE for a statement on the matter.
A senior DHS spokesperson responded Tuesday:
“Secretary Noem is reversing Biden’s catch and release policy that allowed millions of unvetted illegal aliens to be let loose on American streets. This Administration is once again implementing the rule of law.Most aliens who illegally entered the United States within the past two years are subject to expedited removals. Biden ignored this legal fact and chose to release millions of illegal aliens, including violent criminals, into the country with a notice to appear before an immigration judge. ICE is now following the law and placing these illegal aliens in expedited removal, as they always should have been.
If they have a valid credible fear claim, they will continue in immigration proceedings, but if no valid claim is found, aliens will be subject to a swift deportation.”