Etats-Unis : une juge bloque la procédure accélérée d'expulsions de migrants de Trump
A federal judge has blocked the fast-track process for deporting migrants from the United States without a court appearance, dealing a setback to President Donald Trump's mass deportation plan.
The so-called "expedited deportation" procedure was used by the Republican administration to quickly return migrants arrested near the Mexican border if they had entered the United States in the previous two weeks.
However, since taking office in January, the Trump administration has expanded the application of this procedure nationwide and applied it to migrants who have been in the United States for periods of up to two years.
Federal Judge Jia Cobb blocked this expanded application of the procedure in a text published late Friday, arguing that it could lead to people being "erroneously" deported without any legal procedure, including without being able to prove that they have been in the United States for more than two years.
"Unlike the group of people targeted for expedited removal—those who are arrested at the border shortly after crossing—the category of people the government is now targeting with expedited removal have been in our country for a long time," Cobb said.
"In defending this expeditious procedure, the government is making a truly astonishing argument: those who entered the country illegally have no right to any procedure under the Fifth Amendment (of the Constitution) and could only count on a possible pardon from Congress," she added.
"If this were true, not only foreigners, but everyone, would be in danger."
The Fifth Amendment to the Constitution is intended to protect individuals from abuse of government authority in legal proceedings.
The decision by Judge Cobb, who was appointed by former Democratic President Joe Biden, comes in a case brought by "Make The Road New York," an immigrant rights group.
The judge clarified that the court was not "questioning the constitutionality of the expedited deportation law, nor its application at the border."
One of Mr. Trump's major campaign themes in the race for the White House had been the promise to deport millions of undocumented migrants.
But its mass removal program has been hampered by numerous court rulings, including on the grounds that those targeted should be able to assert their right to due process.
Jia Cobb also invoked a section of the Constitution that guarantees that "no person shall be removed from the United States without an opportunity, at any time, to be heard."
AFP
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