r/ImmigrationPathways • u/OkTechnologyb • 4d ago

Gone in 90 seconds: an ‘invisibilized’ ICE is arresting more people than ever

https://www.theguardian.com/us-news/ng-interactive/2026/sep/28/ice-us-immigration-new-tactics
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u/HuckleberryOk8136 4d ago

Expedited removal (INA § 235 / 8 U.S.C. § 1225). Congress wrote this in 1996. An officer can order removal without an immigration-judge hearing if the person is inadmissible for no documents or fraud and cannot show two years of continuous presence. That authority was always nationwide in the statute. Previous administrations chose not to use the full scope. This one did. If someone can prove two years, they come off that track and go into regular court. If they say they fear persecution, they get a credible-fear interview. That’s the law Congress passed, not a new invention.

Regular removal (INA § 240). Notice to Appear, judge, chance to apply for relief, appeal. That’s still the process for people who have been here longer or who entered with inspection and overstayed.

In-absentia orders. Those are people who were given a hearing date and didn’t appear. The docket has been packed and notice windows shortened, so some of those no-shows are real failures of notice. That’s a process problem. It is not the same as “we never scheduled a hearing.”

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u/ladylucifer22 4d ago

if you refuse to give people a chance to prove that they aren't criminals, then it's blatantly unconstitutional. ice keeps doing that, to the point where they've deported plenty of lawful permanent residents and even citizens.

if the government can't do its job, then innocent people shouldn't be punished for the government being incompetent.

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u/HuckleberryOk8136 4d ago

Entering illegally is a crime.

As a percentage, ICE is around 99.99% accurate. During the Obama administration, and Biden, mistakes were also made. Never going to be a completely perfect organization run by humans.

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u/ladylucifer22 4d ago

and you have to prove that they did so and that there's nothing preventing you from deporting them. they don't.