Immigration Court Observation Project Issue Brief: Summary Dismissals
Authors: Lindsey Greising, Amy Lange, Madeline Lohman
Country: United States of America
Type: Report
Issues: Asylum, Due Process and Fair Trial, Migrant Rights
Access to a fair day in court is foundational to our notion of justice in the U.S., but the federal government is denying people access to court and placing them in detention instead. The Department of Homeland Security (DHS), with the complicity of immigration judges, is dismissing cases of people who show up to immigration hearings in order to place them in expedited removal, upending decades of established practice.
Why expedited removal? When a person is in expedited removal, they have few options to protect themselves from deportation and the government keeps them in detention until their case is resolved. By keeping the person in detention, isolated from their family, friends, and legal assistance, the government coerces them into abandoning legitimate claims, accepting deportation just to be free of U.S. detention.