Vermont Attorney General T.J. Donovan joined peers from 16 other states and Washington, D.C. Thursday in filing an amicus brief opposing the expansion of “fast track” deportations announced by the Trump administration last month.
With the new rule, the administration dramatically expanded authority to expedite deportations of undocumented immigrants without going through a court approval process. Previously, the expedited process was used largely for people apprehended shortly after they crossed the border. The new rule applies to anyone who has been in the country illegally for two years.
The attorneys general urged the court to grant a preliminary injunction that would temporarily stop the expansion, which was announced without advance notice or opportunity for public comment.
The brief was filed in support of a federal lawsuit brought by the American Civil Liberties Union. The AGs argued that the new policy is unconstitutional and that there is a high potential for authorities to make errors in deporting people through the expedited process.
Donovan described the expansion as the Trump administration’s “latest attempt” to target immigrants and undermine due process.
“This cannot go unchecked,” Donovan said in a statement. “Our system of justice requires access to legal representation, and a meaningful opportunity to present evidence and defenses.”
Under the expansion, individuals apprehended anywhere in the country could be deported without appearing in immigration court if they could not demonstrate that they are lawfully present in the country, have been in the country for at least two years, or have a credible fear of persecution if they were returned to their countries of origin.
That’s a change from the previous rules for the expedited removal process, which required individuals to be within 100 miles of the border and unable to demonstrate that they’d been in the country for 14 continuous days before being deported.
A press release from Donovan argued that the expansion also lacks a clear legal standard, which could allow lawful residents, citizens, and asylees, to be mistakenly deported.
In the brief, the attorneys general argue that the fast-track process is likely to result in more asylum-seekers being detained by immigration authorities, which would result in “re-traumatization.” They argue that because states largely provide public health resources to support people, states, including Vermont, would be left to provide services to those immigrants adversely impacted by the process.
The other jurisdictions that have signed onto the filing include California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Virginia, Washington, and the District of Columbia.
