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Benjamine Huffman

Immigrants with Temporary Protections Face Swift Deportation Under Trump-Era Policy

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In this aerial view, Mexican immigration officials and police escort deportees after they were sent back into Mexico on Jan. 22, 2025, as seen from Nogales, Arizona. U.S. President Donald Trump signed executive orders on his first day in office declaring a state of emergency at the U.S. southern border, halting asylum claims and launching a campaign of mass deportations. (Photo by John Moore/Getty Images)

WASHINGTON — In a significant policy shift, the Trump administration has granted immigration officers expanded authority to deport immigrants swiftly. This includes individuals temporarily allowed into the country under parole provisions established by the Biden administration, according to an internal memo.

The memo, issued by Acting Secretary of Homeland Security Benjamine Huffman, outlines the ability for officials to revoke parole for immigrants who entered the U.S. within the past two years. Previously, this status provided a temporary legal foothold for these individuals.

The New York Times reported on the memo, highlighting its implications for those who may now face expedited removal proceedings. This reinstatement of a policy from 2019 allows for swift deportations, a move previously championed by President Trump during his first term.

Under the expedited removal process, undocumented immigrants must demonstrate continuous residency of over two years to avoid immediate deportation. Failure to provide this evidence results in fast-track deportation without an opportunity for a hearing before an immigration judge.

This new approach contrasts sharply with the Biden administration’s policy, which was limited to a 100-mile radius from the southern border and required undocumented immigrants to prove they had been in the country for longer than 14 days.

Experts indicate that this acceleration in the removal process poses significant risks, potentially affecting U.S. citizens and lawful permanent residents. Kathleen Bush-Joseph from the Migration Policy Institute emphasized the hazardous nature of this policy.

“The burden is on the migrants to prove their status,” she stated. “Mistakes can easily lead to wrongful arrests or deportations.”

Among the parole programs impacted is the CBP One app, which has facilitated nearly one million asylum appointments. Immigrants who used this platform and have been in the U.S. for less than two years may find themselves at risk of rapid deportation.

Additionally, a program that granted temporary residency to approximately 530,000 individuals from Cuba, Nicaragua, Venezuela, and Haiti is also included. Recent executive actions by Trump aim to terminate these programs, leaving participants vulnerable to enforcement actions.

Legal experts, including Karen Tumlin of the Justice Action Center, have labeled the new memo as sweeping and likely unlawful, anticipating challenges in court.

Tumlin asserted, “It’s intended to target those specifically from Cuba, Haiti, Nicaragua, and Venezuela. How it will be enforced raises many questions.”

Following the memo, Huffman directed an expansion of immigration enforcement capabilities across various Department of Justice agencies, including the U.S. Marshals and the DEA.

Bush-Joseph noted that due to the information already collected from those in the parole programs, the government is well-positioned to initiate removals, unlike individuals living in ambiguity. “The government knows where these individuals are located,” she added.

The new policy comes in the wake of a separate lawsuit from the American Civil Liberties Union, which challenges the reimplementation of expedited removal from 2019. Lead counsel Anand Balakrishnan condemned the policy as a method for Trump to undermine constitutional protections.

“This expansion gives Trump a shortcut around due process,” he argued, emphasizing the necessity for legal resistance against such actions.

In his early days of a new term, Trump also rescinded previous limitations on ICE enforcement, allowing for broader sweeps in sensitive locations. A recent ICE operation in Newark, New Jersey, saw the detention of a U.S. military veteran and multiple undocumented individuals, raising concerns about agency tactics.

Last updated 3:02 p.m., Jan. 24, 2025