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5 Colum. J. Race & L. 1 (2014-2015)

handle is hein.journals/cjoral5 and id is 1 raw text is: COLUMBIA JOURNAL OF RACE AND LAW THE RISE OF SPEED DEPORTATION AND THE ROLE OF DISCRETION SHOBA SIVAPRASAD WADHIA* In 2013, the majority of people deported never saw a courtroom or immigration judge. Instead, they were quickly removed by the Department of Homeland Security via one of severalprocedures collectively referred to as Speed deportation. The poiy goals of speed deportation are economic; these processes save government resources from being spent onprocedural safeguards such as a trial attorney, immigration judge, and a fundamentaly fair hearng Hgher deportation numbers may a/so benefit the image the government seeks to portray to poligmakers who support ampkIfied immigration enforcement. However, the human consequences of speed deportation are significant and can result in the ejection ofpeople who would otherwise quakfy for relief before an immigration judge or otherwise present strong equities lke family ties, long-term residence, and steady employment in the United States. Moreover, the risk that the government may wrongly classify a person as a candidate for speed deportation is more than a remote possibiliy. This Article examines deportations resulting from the expedited removal, administrative removal, and reinstatement of removal orders programs and the extent to which the government has discretion to give individuals who present compelling equities, including elgibity for relief, a more complete court proceeding before an immigration judge. This Article ends with recommendations the Department of Homeland Secuty can take to provide a day in court for such individuals. I. INTRODUCTION. ....................................................... 2 II. UNDERSTANDING SPEED DEPORTATION. ................................. 6 A. What is Speed Deportation?..............................6 B. Procedural Requirements and Speed Deportation.. ...........7 1. Reinstatement of Removal. .........................7 2. Administrative Removal. ............. ..............9 3. Expedited Removal. .............................. 9 C. Can Those Subject to Speed Deportation Seek a Remedy?.......10 Samuel Weiss Faculty Scholar, Clinical Professor of Law and Director, Center for Immigrants' Rights, Pennsylvania State University Dickinson School of Law. The author deeply appreciates the feedback received from scholars at Penn State Law's Faculty Workshop (2014); Association of American Law Schools Conference on Clinical Education (2014); Immigration Law Teachers Workshop (2014) and the following individuals: Trina Realmuto, Jennifer Lee Koh, Margaret Taylor, and Holly Cooper. The author is grateful to the editors at Columbia Journal of Race and Law for their editorial work and Lauren Hartley (DSL '15) for her research assistance. Finally, the author thanks Penn State Law for supporting her scholarship. 2014 1

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