Judge blocks Migrant Expulsion Expulsion Procedure in the USA

Federal Judge Jia Cobb blocked, in a text published Friday night, the expansion of the application of the procedure, arguing that the measure could lead to the expulsion of people “wrongly” without any legal process and, in particular, without the possibility of demonstrating that they have been in the United States for more than two years.

By generalizing the application, “the government uses a really surprising argument: those who have entered illegally in the country have no right to any process under the fifth amendment (of the Constitution), and should only accept any measure granted by Congress” explained Jia Cobb. “If this were correct, not just non -citizens, but everyone would be at risk,” he added.

The fifth amendment of the Constitution aims to protect people from any abuse of authority by the government in a judicial procedure.

Judge Cobb, appointed by former Democratic President Joe Biden, explained that the Court “does not question the constitutionality of the law of accelerated expulsions, nor its application on the border.”

She also invoked an article of the Constitution that ensures that “no one will be expelled from the United States without the possibility of being heard.”

One of the great themes of Trump’s campaign in the White House dispute was the promise of expelling millions of undocumented migrants.