Yesterday, on the first day of questioning for Judge Ketanji Jackson’s historic confirmation hearing to the Supreme Court, she was asked about her decision to grant Make the Road New York’s motion for preliminary injunction in our case, which challenged an expanded expedited removal immigration policy.
In 2019, we filed, along with other allies as plaintiffs, Make the Road New York, et al v. McAleenan in the federal court of the District of Columbia, to challenge the Trump Administration’s expansion of a policy called expedited removal, a process by which ICE can deport people quickly without allowing them to see an immigration judge or apply for a defense against deportation.
Until July 23, 2019, expedited removal was used against people who had been in the U.S. less than two weeks AND who were within 100 miles of the U.S. border. But, on July 23, 2019, the Department of Homeland Security (DHS) issued a new rule, without any process for review, to expand the policy to potentially deport individuals who had been in the country for up to two years and who resided anywhere in the United States, not just near the border.
On September 27, 2019, Judge Jackson, in a thorough, detailed, 120-page decision, agreed that DHS erred when it immediately changed its policy without following the procedural steps that are required when promulgating new rules, and until they did, the new policy could not stand. While the case continued to be litigated after her decision on the preliminary injunction, it marked an important moment for the immigrant rights community in exposing the Trump Administration’s disregard for established law; demonstrated what an error-prone and problematic policy expedited removal really was, and showed the devastating impact that ICE enforcement has on our communities across this nation.
We will continue to use all of our strategies, including impact litigation at our highest courts, to seek justice for our communities. Regardless of whether Senator Graham approves of our work, we know who we are, what we stand for, and we will continue to protect immigrant communities from government abuse of power.
Thank you for your ongoing support!