WASHINGTON — The Department of Homeland Security has walked back what lawyers called an illegal attempt to fast-track the deportation of a woman who has lived in the U.S. for nearly 30 years and to expel her without an immigration court hearing, her attorneys said.
Lawyers for Mirta Amarilis Co Tupul, 38, filed a lawsuit earlier this month to stop her imminent deportation to Guatemala. A U.S. district court judge in Arizona dismissed the case Wednesday after the federal government moved the woman to regular deportation proceedings and agreed in writing not to attempt expedited removal again, her lawyers said.
The judge had granted an emergency request to temporarily pause the deportation while the case played out in court.
The case highlighted broader concerns that the Trump administration is stretching immigration law to speed up deportations in its effort to remove as many immigrants as possible.
Federal law since 1996 holds that immigrants who have lived in the U.S. for fewer than two years can be placed in expedited removal proceedings which bypass the immigration court process. Longtime immigrants, however, cannot be removed until they’ve had a chance to plead their case before a judge.
In a sworn declaration, one of Co Tupul’s attorneys wrote that a deportation officer told her the agency had a “new policy” of placing immigrants in expedited removal proceedings after their first contact with immigration authorities.
“This appears to have been a test case in which the administration attempted to enforce a ‘new policy’ against Ms. Co Tupul,” Eric Lee, one of Co Tupul’s attorneys, said Thursday. “The district court quickly shut down this effort in no uncertain terms. Maybe this has slowed the government’s efforts to expand expedited removal, or maybe the government is waiting for another test case where the non-citizen lacks legal representation.”
Emails reviewed by The Times showed that Co Tupul’s lawyer provided extensive evidence of her longtime residence. Immigration officials told the lawyer that her client would remain in expedited removal proceedings anyway.
Assistant Homeland Security Secretary Tricia McLaughlin said that after Co Tupul’s lawyers provided documentation verifying she had lived in the U.S. for more than two years, “ICE followed the law and placed her in normal removal proceedings.”
“Any allegation that DHS is ‘testing out’ a new policy regarding illegal aliens who have been in the country for longer than two years into expedited removal is false,” McLaughlin added.
Co Tupul, a Phoenix resident, was pulled over as she drove to her job at a laundromat on July 22. She remains detained at Eloy Detention Center, about 65 miles southeast of Phoenix.
