Deportation Without Due Process
Citation
Publication Date:
September 01, 2011
Bibliography:
Jennifer Lee Koh, Jayashri Srikantiah, Karen C. Tumlin, Deportation Without Due Process: The U.S. Has Used Its "Stipulated Removal" Program to Deport More than 160,000 Noncitizens Without Hearings Before Immigration Judges, Fullerton, Calif.: Western State University College of Law; Stanford, Calif.: Mills Legal Clinic, Stanford Law School; Los Angeles, Calif.: National Immigration Law Center, 2011.
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Over the past decade, the United States government has dramatically expanded
its use of a program called “stipulated removal” that has allowed
immigration officials to deport over 160,000 non-U.S. citizens without ever
giving them their day in court. This report synthesizes information obtained
from never-before-released U.S. government documents and data about stipulated
removal that became available for analysis as a result of a lawsuit
filed under the federal Freedom of Information Act (FOIA).
According to the previously unreleased data, the federal government has
used stipulated removal primarily on noncitizens in immigration detention
who lack lawyers and are facing deportation due to minor immigration violations.
These noncitizens were given a Hobson’s choice: Accept a stipulated
removal order and agree to your deportation, or stay in immigration
detention to fight your case. Many of these government records reveal that the stipulated removal program has been implemented across the U.S. at the expense of immigrants’ due process rights.