House Bill Prompts Debate About Constitutional Rights For Undocumented Immigrants

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Jennifer Gordon was quoted in the Miami Herald regarding constitutional rights of undocumented immigrants.

And Fordham law professor Jennifer Gordon said that some undocumented immigrants get almost no due process in removal proceedings.

In 1996, Congress created expedited removal for undocumented immigrants without a hearing. Initially it only applied at the U.S. border. Then it was expanded to within 100 miles of a border for undocumented immigrants who had been in the country for fewer than 14 days.

President Donald Trump announced in January that his administration will apply the program anywhere in the United States to undocumented immigrants present less than two years.

“In the past, the government has largely prevailed when such programs have been challenged,” Gordon said. “However, the Trump administration is proposing to expand some of these programs to include many more undocumented immigrants; it remains to be seen if the expansion will be upheld.”

 

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