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President Donald Trump said on Monday that U.S. authorities would begin next week removing millions of immigrants who are in the United States illegally. Isn't it illegal to send someone to another country without due process?

Yes, it is illegal to send someone to another country without due process.News reports indicate that ICE is preparing a massive drive to remove people with final orders of removal. Trump claims on eve of re-election launch that ICE will begin deporting 'millions'. A person with a final order of removal has had due process — that is, received notice of the government’s action, and had the opportunity to be heard in Immigration Court and contest the government’s claim that the law makes him or her removable.The trouble with Trump’s statement, and/or the media’s reporting of it, is that there aren’t “millions” of people with final orders of removal. There are, by last report, 925,193 aliens in the USA with unexecuted orders of removal. (see question 18). Of those, an unknown but substantial number can’t legally be removed, either because their home countries are refusing to take them, or because their removal has been stayed pending appeal.So, either Trump is ignorant of the facts on the ground, which is pretty routine for him, or he’s lying about the numbers, which is also pretty routine for him, or he intends to flout the law, which is yet another pretty routine thing for him. Or the media has garbled and conflated two separate issues, which is unfortunately routine for them; there may be one program for executing final orders of removal, and another for finding some of the other 10 million or so illegal immigrants in the country, and sending them to Immigration Court for due process.Of the aliens out there with final orders of removal who actually can be removed, by far the largest number are those who were ordered removed in absentia when they failed to show up for a scheduled Immigration Court hearing. So long as everything was done correctly, that’s legal and doesn’t deny due process. But the Department of Justice is no more efficient or trustworthy than any other government agency, and in many cases they have failed to send proper notice at all, sent it to the wrong address, sent it to the wrong alien, or otherwise screwed up. Aliens who were never given proper notice for their hearings need to have the chance to challenge that. And ICE isn’t any better. ICE has even screwed up and tried to deport a US citizen with a military record and a passport: Marine vet with PTSD held by ICE for 3 days before agency realized he was citizen. When trying to remove immigrants in job lots to comply with some stupid presidential grandstanding order, the chances of ICE or DOJ screwing up increase exponentially.That said, the law clearly states that when an alien receives an order of removal, the government “shall remove the alien from the United States within a period of 90 days.” 8 USC 1231(a)(1)(A). The President is required by the Constitution to take care that the laws be faithfully executed. So long as the proper care is taken not to remove the wrong person, and that aliens who were not given proper notice of hearing have the chance to get their hearings, removing aliens with final orders of removal is not only lawful, but required by our Constitution and laws. My concern with President Trump is when he violates the law, not when he obeys it. If you don’t want to see aliens with final orders of removal sent back to their countries of origin, you should be lobbying Congress to change the law, not demanding that the President breach his oath of office; he already does that too much.

How does the recent travel ban affect persons already in the US, who are yet to apply for their green cards?

As per a recent notification from USCIS, “WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will implement the Inadmissibility on Public Charge Grounds final rule (“Final Rule”) on Feb. 24, 2020, except for in the State of Illinois where the rule remains enjoined by a federal court as of Jan. 30, 2020. Under the Final Rule, USCIS will look at the factors required under the law by Congress, like an alien’s age, health, income, education and skills, among others, in order to determine whether the alien is likely at any time to become a public charge.The Final Rule, issued in August and originally scheduled to be effective in October, prescribes how DHS would determine whether an alien is inadmissible to the United States based on the alien’s likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. The Final Rule also addresses USCIS’ authority to issue public charge bonds in the context of applications for adjustment of status. Finally, the Final Rule includes a requirement that aliens seeking and extension of stay of change of status demonstrate that they have not received public benefits over the designated threshold since obtaining the nonimmigrant status they seek to extend or change.”As such, if you apply for a change of status to an immigrant status after 24th February, new norms will be adopted in considering it.

Instead of abolishing ICE, why don't Democrats change immigration laws to fix their problems?

Not all Democrats want to abolish ICE. There is a lot of debate and different ideas how to address immigration problems. Most do want to address immigration laws but there are differing ideas and approaches. Democrats definitely aren’t all in the same page. ICE has an image problem as the enforcers of what many see as inhumane policies. Some of this is unfair as they are just doing their jobs as dictated by the policies of the administration they serve. So under Obama for example, the administration was actually more assertive about enforcing immigration laws than previous administrations but ICE was primarily focused on locating and removing illegal aliens who commit crimes. In fact, amongst some immigration and humanitarian rights activists Obama was seen as pretty hardcore and his rates of deportations actually was higher in some periods than they have been since Trump took office. His policies were more focused though and there was an attempt not to demonize or behave inhumanely toward families and people fleeing violence and poverty. Families were detained but separations were seen as undesirable and not normally practiced. Under Trump this broadened and the practice of separating families was mainstreamed. But ICE isn’t involved in the family separations at border, that’s the Customs and Border Protection agency. But ICE is criticized for ramped up aggressiveness in raids of places in the U.S. for those already in the country. ICE is just reflecting though the country’s changed policies. The increase in detainees and burden this places on detention facilities has been under Trump also out sourced to private for profit companies. Many believe this has played a role as well in the inhumane and sometimes approaching gulag type conditions. It would be more appropriate to blame the administration that creates policy and voters that put the policy makers in power. But to complicate this there have been cases of racist ICE agents and employees engaged in inhumane and racist behavior. It’s appropriate to be concerned and take action to stop such behavior. Some within ICE actually advocate for abolishing it in the sense they would like to see it split up or reorganized and feel some of the politics, recent actions of some ICE employees, and publicity has compromised their ability to do their jobs effectively.ICE actually serves many functions and is comprised of three separate offices; Enforcement and Removal Operations, Homeland Security Investigations, and Office of the Principal Legal Adviser. Enforcement and Removal Operations receives the most funding and is what most people are focused on. The Homeland Security Investigations specifically pursues criminals and terrorists involved in drug trafficking, illegal weapons dealing, human trafficking, cybercrime, financial crimes and identity fraud. It is also the lead government agency for counterproliferation investigations, and targets individuals who illegally try to smuggle military and other high-tech equipment out of the United States. So important stuff I don’t see anyone abolishing it anytime soon. It’s a larger enterprise than the Enforcement and Removal Operations although less funded. The last one, the Office of the Principal Legal Advisor is to ensure all employees are in compliance with U.S. immigration laws and provide them support as needed and represent the U.S. in court cases. So ICE in reality won’t really be abolished, it’s serving too many necessary functions. What at most could happen is a reorganization and change in protocols with maybe a new name. It will only matter if the majority of people care about sensible but humane immigration laws, make sure to elect people who have or will implement such values, and hold them accountable.What Is ICE and Why Do Critics Want to Abolish It?How ICE enforcement has changed under the Trump administrationProfiting from Enforcement: The Role of Private Prisons in U.S. Immigration Detention

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