An open letter to the U.S. Congress

Investigate ICE’s Misuse of Expedited Removal Procedures

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Defend Due Process Against ICE Misconduct A San Diego federal judge ruled that ICE violated the due process rights of Afghan ally Sayed Naser Noori. Despite lawful parole, ICE put him into expedited removal and detained him for nearly four months. The court ordered his release, finding the government’s actions unlawful and unjustified. This violated the law and the American fairness our justice system rests on. Expose the Illegal Use of Expedited Removal Expedited removal is a fast-track deportation process that lets immigration officers expel someone from the country without a hearing before a judge. It was designed for people caught at the border without papers, but it is often misapplied. In practice, it is misused against people with lawful status, including asylum seekers and parolees. By bypassing court review, errors are frequent and severe. Used illegally, it strips away fairness and due process. Correct the Systemic Abuse of Expedited Removal According to the American Immigration Lawyers Association, nearly half of expedited removal cases involve people who should never have been put in that process. This is not an isolated lapse but a systemic pattern. If this can happen to an Afghan interpreter who served with U.S. forces, it can happen to others without visibility or resources. Congress must correct this practice before it erodes the law and public trust in immigration. Enforce Responsibility Among Federal Officers Every officer and attorney must uphold the law and the American tradition of fairness. Ignoring valid documents for months cannot be excused as “just following orders.” Law enforcement is not about quotas or shortcuts. It requires integrity, independent judgment, and respect for due process rights. When fairness is discarded, innocent people suffer and government credibility is lost. Launch Public Hearings on ICE Abuses Now This case was fixed only because a federal court intervened. Most immigrants lack the lawyers or advocates needed to reach a judge at all. Congress must hold hearings to examine how often expedited removal is misused, why safeguards are ignored, and what drives unlawful behavior. DHS and DOJ should be required to testify and preserve records for review. Pass Reforms to Prevent Abuse of Expedited Removal To restore public trust and protect fairness, Congress should: 1. Bar expedited removal against anyone lawfully paroled or admitted. 2. Guarantee access to counsel and automatic federal court review when expedited removal is disputed. 3. Impose penalties, including personal consequences for supervisors, when due process is denied. Restore Public Trust Through Swift Congressional Action Sayed Naser’s freedom was restored only because a judge intervened. Without Congressional action, many more will face unlawful detention and removal. This is unfair, un-American, and avoidable. I urge you to investigate these violations, hold hearings, legislate safeguards, and ensure accountability.

▶ Created on September 28 by Bill

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