According to the UPI agency on Saturday, COBB issued a 48-page sentence suspending deportations, which often took place without court proceedings. She rejected the application of the Ministry of Justice by a 14-day suspension of the decision, assessing that there is no need to grant “time for meeting”.
The case against the Secretary of Internal Security Kristi Noem was brought by Make Road New York, supported by the lawyers of the American Union of Civil Liberties (ACLU).
The Trump administration expanded the procedure, which previously only included people stopped within a 160 km radius from the border and within 14 days of entry. In 2019, this covered everyone who could not prove that they were in the US for over two years. President Biden suspended the provisions introduced by Trump, but the Republican restored them this year.
Cobb, appointed by Biden, emphasized that people currently covered by the accelerated deportation procedure often live in the US for a long time and have a “important interest in staying here”, which, according to the fifth amendment, gives them the right to a proper trial.
– When the number of people covered by accelerated expulsion increased, the government did not adapt its procedures to them in any way – she noted.
According to the judge, the priority treatment of the speed of deportation leads to errors, and most migrants living in the depths of the country stay there for over two years and apply for asylum or other status, which requires court proceedings before expulsion.
Cobb criticized the purpose of arrest 3000 people a day and found the government's argument “amazing”.
– People who entered the country illegally have no right to any proceedings under the fifth amendment, but they must instead accept all the grace offered to them Congress – emphasized Cobb.
