ACLU...Deportation: Speed Over Fairness

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When removing individuals from this country – permanently severing them from their homes, families, and community—which is more important: fairness or speed?

The United States has a proud tradition of individualized due process. No matter who you are, everyone deserves their day in court. This is especially important for immigrants, many of whom might qualify for prosecutorial discretion given their considerable roots in the United States, but who will only get that consideration if a judge can review their individual case and decide whether or not they must leave. This judicial review – a brief moment of individuality and impartiality within a system that often ignores both – is critical. Yet alarming new evidence has surfaced that in 3 out of 4 removal cases this does not happen at all.

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The Obama administration has prioritized speed over fairness in the removal system, sacrificing individualized due process in the pursuit of record removal numbers.

A deportation system that herds 75 percent of people through fast-track, streamlined removal is a system devoid of fairness and individualized due process. Nonjudicial removals violate our constitutional tradition and cannot be reconciled with an administration that has repeatedly stated its commitment to immigration reform.

Fairness and individualized due process must be restored to the system. Expedited removal should be limited to cases where individuals are apprehended at ports of entry or land borders. All individuals must be screened to determine whether they are eligible for immigration relief or prosecutorial discretion, especially if they have US-based families or have lived in the U.S. for a substantial period of time. Individuals without a lawyer should be advised of their rights by a judge before agreeing to stipulated removal and there should be an appeal process.

Anything less is un-American.

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