The radical left and the Treason Bar are quite correctly pointing out that President Donald J. Trump will have legal issues to deal with that will obstruct deporting the 30 million illegal aliens in the United States. The problem is enormous, but not insurmountable. However, help from Congress is needed. President Trump will need to hold cuckservative Paul Ryan's feet to the fire and likely force the equally cuckservative Mitch McConnell to end the filibuster.
Before they can be deported to their home country, immigrants have the right to a hearing before an immigration judge. But the nation's immigration courts are already overburdened.The fly in the ointment is the Executive Office for Immigration Review (EOIR), the cadre of ambitious kritarchs that want to make their own immigration policy. Now, strong leadership given to immigration judges can make them part of the solution, and I think that Attorney General-Designate Jefferson Beauregard Sessions III, can give the potential kritarchs the discipline they so desperately need. But the left is correct, even with strong leadership, the backlog at the EOIR is too large to effectively deal with the huge illegal alien population.
That has led to a huge backlog of 521,676 cases waiting nearly two years on average to be heard, according to the Transactional Records Access Clearinghouse at Syracuse University. Cases take an average of 675 days to complete, with some states like Colorado averaging more than 1,000 days per case.
The only way to speed up those cases is to hire more immigration judges. There are currently 273, according to the Justice Department. Congress has approved funding to increase the number to 374, and Trump could ask Congress to hire even more.
[How Trump Can Ramp Up Deportations, Alan Gomez, USA Today, November 18, 2016]
What is needed is an expansion of Expedited Removal, a speedy deportation process for illegal aliens in the U.S. two years or less and criminal aliens. President Trump needs to go to Congress to expand Expedited Removal to all illegal aliens and all aliens in the United States with non-immigrant visas who are removable. The only aliens who should have a right to a hearing before an immigration judge are those admitted for lawful permanent residency (LPRs) not convicted of a crime and those admitted as a refugee or asylee,—but not those applying for asylum in the United States.
There is action by the Department of Homeland Security under President Trump that can get the process of deportation started, such as use of Expedited Removal for the 3 million or so criminal aliens and those illegals here who have entered less than two years ago, increased use of worksite enforcement, and expanded detention of illegal aliens in removal proceedings. But those actions are limited in effect, even with the collateral self-deportations that will accompany public and vigorous enforcement of immigration laws.
Expanding Expedited Removal is absolutely necessary to get at the large number of illegal aliens in the United States for more than two years. Trump will have to bring pressure on Ryan and McConnell.