ICE Halts Rapid Deportations of Longtime Immigrants
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Biden Administration faces Scrutiny Over Expedited Removal Attempts
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A recent case in Arizona has raised concerns about a potential shift in the Biden administration’s immigration enforcement policies, specifically regarding the expedited removal of long-term U.S. residents.
The Case of Srey Co Tupul
Srey Co Tupul, a Phoenix resident, was detained by Immigration and Customs Enforcement (ICE) on July 22, 2024, after being pulled over while driving to work at a laundromat. She was initially placed in expedited removal proceedings, a fast-tracked deportation process typically reserved for individuals apprehended shortly after entering the U.S. without authorization. Co Tupul remains detained at the Eloy Detention Center, located approximately 65 miles southeast of Phoenix.
Her attorneys argue that this placement in expedited removal was unusual, given Co Tupul’s long-term residency in the united States. They presented documentation to immigration officials demonstrating she had lived in the U.S. for over two years. despite this evidence, officials initially intended to proceed with expedited removal.
Contradictory Statements and Policy Concerns
The case has sparked debate over whether the Department of Homeland Security (DHS) is attempting to broaden the scope of expedited removal. eric Lee, one of Co Tupul’s attorneys, suggested the case was a “test case” to enforce a “new policy” against individuals with established U.S. ties. He stated that the district court “quickly shut down this effort in no uncertain terms” and speculated the government might be seeking further cases without legal portrayal to test the boundaries.
assistant Homeland security Secretary Tricia McLaughlin countered these claims,stating that after receiving documentation verifying co tupul’s residency exceeding two years,ICE “followed the law and placed her in normal removal proceedings.” McLaughlin explicitly denied any attempt to “test out” a new policy regarding long-term residents in expedited removal, calling such allegations “false.”
Expedited Removal: A Closer Look
Expedited removal is a deportation process established by the Illegal Immigration Reform and Immigrant Duty Act of 1996. It allows immigration officials to quickly deport individuals apprehended within 100 miles of the U.S. border and those who have been in the country for less than two years.Individuals subject to expedited removal generally do not have the right to a hearing before an immigration judge.
| Criteria for Expedited Removal | Typical Protections |
|---|---|
| Apprehended within 100 miles of the border | Limited; often no hearing before a judge. |
| Been in the U.S. for less than two years | Limited; often no hearing before a judge. |
| Has a final order of removal | Possibility |