Until now, the enforcement of summary deportation laws, known as “expedited removal,” have been limited to those apprehended within 14 days of illegally entering the country and within 100 miles of Canada or Mexico. The memos signed by Kelly would allow use of those laws anywhere in the country against anyone who entered illegally within the past two years.
Lucas Guttentag, a DHS adviser and Stanford law professor, said this would “unleash chaos,” violate due process, and meet challenges in court, similar to those that scuttled the administration’s travel ban.
There would also be aggressive challenges, lawyers said, to plans that would allow immigration agents to deport unaccompanied minor children who crossed the border illegally, rather than uniting them with parents or other relatives in the U.S. They also expect legal opposition to a proposal that would strip undocumented immigrants of existing privacy protections, allowing personal information such as asylum cases or immigration violations to be publicly disclosed