No. of Recommendations: 6
If a judge has not issued a deportation order for a person, they have a right to be represented and to appear before a judge before being deported.That is incorrect. The Supreme Court has held (by a 7-2 vote) that expedited removal proceedings without a judicial hearing are constitutional, and do not violate the Suspension Clause relating to Habeas Corpus:
https://www.supremecourt.gov/opinions/19pdf/19-161...Deportation is a civil proceeding, not a criminal one.
Nor, BTW, does your point negate my original contention. ICE hasn't
stopped having deportation hearings. The regular order of deporting detainees who already have a deportation order and taking detainees to hearing to
get a deportation order appears, by all accounts, to be continuing. The exceptions are notable because they are exceptions - instances where ICE is (wrongfully!) playing games with procedure to try to avoid ending up in front of a judge, and such instances almost always end up in front of a judge anyway (witness Kilmar Abrego). But again, the overwhelming majority of detainees are just going through the regular process.
Unless you have some reason to think that ICE
isn't doing this - that they're using expedited removal
regularly in situations where a hearing is required?
