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Speaker 1: Welcome to the Bloomberg Law Podcast. I'm June Grosso. Every

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Speaker 1: day we bring you insight and analysis into the most

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Speaker 1: important legal news of the day. You can find more

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Speaker 1: episodes of the Bloomberg Law Podcast on Apple Podcasts, SoundCloud

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Speaker 1: and on Bloomberg dot com slash podcasts. The Trump administration

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Speaker 1: is trying something new and its quest to crack down

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Speaker 1: on illegal immigration. A new fast track deportation process will

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Speaker 1: bypass immigration judges and remove immigrants in as quickly as

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Speaker 1: a day. This, of course, we'll lead to a new

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Speaker 1: court battle, as the a c l U and immigration

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Speaker 1: groups are promising to challenge it in court. Joining me

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Speaker 1: is David Beer, immigration policy analyst at the Cato Institute. So, David, basically,

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Speaker 1: if a person anywhere in the US can't immediately prove

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Speaker 1: that they've been in the country continuously for at least

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Speaker 1: two years or have legal standing, can they be deported

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Speaker 1: without going to a judge? How does this work in practice? Well,

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Speaker 1: in practice, it's really up to the administration to decide

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Speaker 1: how it works out right. Now, expedited removal, as this

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Speaker 1: process is known. It's really used just at airports, seaports, landports,

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Speaker 1: and to some extent in the hundred mile zone along

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Speaker 1: the southwest border of the United States, where people are

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Speaker 1: arrested crossing the border and then quickly sent back to

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Speaker 1: their home countries. So it's totally unprecedented for it to

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Speaker 1: be used for people stopped in the interior. And so yes,

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Speaker 1: it it really is the case that we're an uncharted

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Speaker 1: territory where an immigration agent can make an arrest and

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Speaker 1: then very quickly um send someone packing if they don't

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Speaker 1: have that proof of two years residents in the United

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Speaker 1: States legally, so according to the Pew Research Center, the

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Speaker 1: typical undocumented immigrant has lived in the US for fifteen years.

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Speaker 1: But can they all prove that? And could some U

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Speaker 1: S citizens also get swept up accidentally in this expedited process. Well, absolutely,

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Speaker 1: it would be difficult, in fact, for many people to

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Speaker 1: prove two years residents when you've just been arrested. I mean,

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Speaker 1: that's the whole issue, more than anything else. Is if

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Speaker 1: you get picked up by the police or by an

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Speaker 1: ice agent and you just have whatever is in your pockets,

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Speaker 1: that may not be enough to prove two years of

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Speaker 1: continuous residents in the United States. And again, we don't

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Speaker 1: know how people will use their discretion. But we know

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Speaker 1: the Trump administration's agenda is increasing deportations as much as possible,

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Speaker 1: and so naturally, if people can't prove that they have

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Speaker 1: meet this requirement, then they will be removed. And we

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Speaker 1: know of many U. S. Citizens who have been detained

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Speaker 1: and who have been proven their U. S. Citizenship only

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Speaker 1: after a court hearing, only when they go to an

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Speaker 1: immigration judge and say, wait a minute, you need to

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Speaker 1: stop this removal effort because I'm a U. S. Citizen

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Speaker 1: and here's the proof. Um. Whereas if it had just

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Speaker 1: been up to Immigrations and Customs enforcement, they would have

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Speaker 1: been deported already. So immigration groups and the a c

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Speaker 1: L You, they've already said they're going to sue in court.

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Speaker 1: What arguments might they use in challenges to this expedited rule?

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Speaker 1: You know it's going to be difficult. Um. You know,

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Speaker 1: the statute is quite clear that the administration does have

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Speaker 1: the ability to expand expedited removal. So I think the

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Speaker 1: challenges are really going to come down to how is

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Speaker 1: this being implemented? Is there enough due process in the

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Speaker 1: expedited procedures that the administration is trying to use here

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Speaker 1: to protect people from wrongful deportation, to provide them the

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Speaker 1: opportunity to prove two year residents. And from the regulation

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Speaker 1: and from the details that are known right now, we

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Speaker 1: don't know the answer to that question. We don't really

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Speaker 1: see you know, the standards and protections that you need

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Speaker 1: to prevent this type of thing from happening. And that's

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Speaker 1: where you're gonna see challenges being made. So there have

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Speaker 1: been expedited deportation since President Clinton signed a law in

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Speaker 1: Have there been a lot of challenges to that? And

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Speaker 1: have they worked? Well? No, there had, I mean death

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Speaker 1: there were challenges. No, they have not worked. UM. And

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Speaker 1: but if you look at it from basically the first

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Speaker 1: decade after that law was enacted, it was only used

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Speaker 1: at ports of entry, so you know, it wasn't used

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Speaker 1: at all along the southwest border people crossing illegally UM.

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Speaker 1: You know, there was no hundred mile zone where people

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Speaker 1: could be picked up. UM. After two thousand and six

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Speaker 1: it was used along that border zone. UM. Again, it's

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Speaker 1: been approved repeatedly by UM courts. You know, as long

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Speaker 1: as you know there was sufficient process to protect UM

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Speaker 1: people who may have valid claims, the courts have signed

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Speaker 1: off on it. So that is why it's going to

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Speaker 1: be a uphill battle. UM, this is uncharted territory. It's

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Speaker 1: it's a new application of it. UM. But you know,

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Speaker 1: both the the case law on this and the statute

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Speaker 1: itself are not helpful UM to a challenge to this

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Speaker 1: policy and the Department of Homeland Security, he says, the

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Speaker 1: volume of illegal entries and the risk to national security

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Speaker 1: in public safety warrant this and that expedited removable relief

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Speaker 1: pressure on detention centers and the courts. Does that sound

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Speaker 1: like a winning response in the lawsuits? You know, this

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Speaker 1: is the type of thing that the administration has said

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Speaker 1: about every effort that it's made to UM increase removal

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Speaker 1: efforts or increase enforcement. UM. I don't think it's really

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Speaker 1: going to come down to the policy considerations. It's going

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Speaker 1: to be a question of the law. UM. And you know,

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Speaker 1: whether there are enough protections in there for legal residents

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Speaker 1: and US citizens and UM. You know, until it's implemented,

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Speaker 1: we won't know the answer to that. So there's a

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Speaker 1: little bit of hiding the ball involved in in rolling

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Speaker 1: out this policy. And just briefly, will this go right

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Speaker 1: into effect or will there be will a court case

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Speaker 1: likely stop it? From even going into effect with an injunction. Well, theoretically,

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Speaker 1: it's already supposed to be going into effect. Um, you know,

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Speaker 1: there's not a comment period, which they're not usually um

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Speaker 1: that we're used to with these regulatory changes. They're saying

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Speaker 1: this is an emergency, so we don't need to go

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Speaker 1: through the normal uh notice and public comment period for regulations. Um,

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Speaker 1: you know, whether that is a procedural ground for preventing

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Speaker 1: it from taking effect. Um, you know, we'll see what

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Speaker 1: the courts ultimately say about that, but we know that

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Speaker 1: this emergency procedure has been used on immigration in the past,

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Speaker 1: including for expedited removal expansion. So it's again unclear whether

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Speaker 1: that regulatory challenge would be sufficient to prevent it from, um,

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Speaker 1: you know, continuing to be in effect. All right, Thanks

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Speaker 1: so much. David is oh Is. That's David Beer, immigration

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Speaker 1: policy analyst at the Cato Institute. Thanks for listening to

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Speaker 1: the Bloomberg Law Podcast. You can subscribe and listen to

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Speaker 1: the show on Apple Podcasts, SoundCloud, and on Bloomberg dot

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Speaker 1: com slash podcast. I'm June Grosso. This is Bloomberg