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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


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