The organization is suing over a DHS rule allowing rapid deportation of illegal immigrants who cannot prove two years of continuous presence in the U.S.
The American Civil Liberties Union (ACLU) has sued senior officials in the Trump administration over a new policy that expedites the deportation of illegal immigrants from the United States.
The lawsuit, filed on Jan. 22 at the U.S. District Court in Washington, asks the judge to declare that the Department of Homeland Security (DHS) policy is unconstitutional and to block its enforcement.
“The Administration’s decision to expand expedited removal to a vast group of noncitizens living anywhere in the United States disregards nearly three decades of experience showing that the expedited removal process, even when used at the border for new arrivals, is rife with errors and results in widespread violations of individuals’ legal rights,” the complaint states. “The Rule is illegal.”
The DHS rule, which went into effect on Jan. 21, reinstates a 2019 directive allowing rapid deportation of illegal immigrants who cannot prove at least two years of continuous presence in the United States and who are within 100 miles of the border.
“The full application of expedited removal authority will enable DHS to address more effectively and efficiently the large volume of aliens who are present in the United States unlawfully, without having been admitted or paroled into the United States, and ensure the prompt removal from the United States of those not entitled to enter, remain, or be provided relief or protection from removal,” the DHS notice states.
The new DHS rule follows a series of executive orders signed by President Donald Trump, including declaring a border emergency, ending birthright citizenship, pausing refugee admissions, deploying troops to the border, and directing border wall construction to restart.
In a Jan. 22 order, Trump directed DHS, the Department of Justice, and the State Department to take “all necessary action to immediately repel, repatriate, and remove illegal aliens” crossing the U.S.–Mexico border. The order argues that such measures are necessary to prevent illegal immigrants from “invading” U.S. communities and “imposing billions of dollars of costs” on state and local governments.