Express deportations on grounds of sanitary emergency

The sudden arrival of the global Coronavirus pandemic allowed governments around the world to implement unconventional emergency measures to protect the health of their citizens, strengthen the infrastructure of the health system, safeguard essential resources to boost the economy in times of crisis, inter alia.

Many countries decided to close borders as an emergency measure to prevent the massive spread of the Coronavirus, which almost completely paused immigration across the world. However, it is not a secret that, on many occasions, precarious situations in vulnerable territories force thousands of people to seek opportunities in other countries, even through irregular immigration.

In the case of the US, the Trump administration allowed so-called “Express or Expedited Removals” amid the health crisis caused by the global COVID-19 pandemic, arguing that the massive flow of immigrants could worsen the health emergency and put the American population at risk. This process allows border forces to deport immigrants without a court hearing or asylum interview, sometimes in a matter of hours.

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Removals: Unaccompanied immigrant minors

On grounds of a global health emergency, the Trump administration allowed the deportations of hundreds of unaccompanied immigrant minors, who crossed the US’ borders without legal documentation.

The US law is quite strict when it comes to unaccompanied minors since they are often victims of human trafficking, abuse, kidnapping, inter alia. Therefore, the local immigration system states that unaccompanied minors must have an opportunity to apply for international protection and be part of a resettlement program to receive guidance from childcare professionals.

However, the Trump administration gave the green light for border forces to deport unaccompanied minors amid the global health crisis.

Court banned the removal of unaccompanied minors

In November 2020, a federal judge banned the Trump administration from deporting unaccompanied minors on grounds of sanitary emergency. However, the Trump administration did not fully comply with this order and hundreds of children were deported after the judge’s verdict.

Court of appeals resumes deportations of unaccompanied minors

On Friday, January 29, 2021, a three-judge panel of the Court of Appeals for the District of Columbia Circuit lifted the lower court’s restriction and allowed the US government to resume deportations of unaccompanied minors crossing the southern border of the country.

It is imperative to clarify that the three judges involved in the verdict were appointed by former President Trump, who had a rather restrictive stance when it comes to immigration. They state that individuals who cross borders without legal documentation in times of crisis can be deported without the need for a court hearing or an asylum interview.

Clearly, this news caught the attention of dozens of immigrant rights advocates and activists, who plan to challenge the Court of Appeals verdict. Adding to that, it is also important to note that the Biden administration must decide how to enforce the court’s verdict and, since the current president’s stance is more welcoming when it comes to immigrant communities, his team will possibly come up with a different strategy to protect immigrant children and prevent another massive outbreak of Coronavirus in the US.

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