A Department of Justice internal memo, obtained by NBC News, reveals a new strategy by the Donald Trump administration to rapidly increase the number of detained immigrants.
The strategy involves closing pending immigration cases and immediately arresting those affected.
Dated May 30, the memo instructs immigration judges to allow Department of Homeland Security (DHS) attorneys to request the dismissal of cases orally during hearings and to grant them immediately, without the usual 10-day response period.
The memo specifies that oral decisions must be completed in the same hearing session where testimonies and arguments conclude.
It also clarifies that no additional documentation or written arguments are required to close the cases.
Once cases are dismissed, immigrants can be placed in expedited removal processes, potentially leading to deportation without the opportunity to present their asylum case to a judge.
According to the memo, individuals in this type of procedure are "subject to mandatory detention" and can be arrested by Immigration and Customs Enforcement (ICE), which is under DHS.
The Department of Justice did not respond to requests for comment.
A source close to the immigration judges' union stated that, although this measure is legal, it has caused annoyance among the judges, who believe it discredits the judicial process.
The judges can only speak to the press through the union.
The memo is based on a clause in the Immigration and Nationality Act that allows cases to be closed when circumstances change significantly. However, the document omits part of the original language, which has generated criticism.
Greg Chen, director of government relations for the American Immigration Lawyers Association, denounced that the guide violates that legal provision.
Jason Houser, former ICE chief of staff during the Biden administration, warned that this strategy will allow for more arrests but will not expedite deportations because there is not enough space to detain the arrested people.
Currently, more than 51,000 immigrants are in ICE custody, according to data from May 23. However, the budget only allows for the detention of 41,500 people, which could lead to judicial sanctions for detention conditions that do not meet minimum standards.
Former ICE officials have warned that if the agency exceeds that capacity for a long time, it could face budget cuts or legal action by federal courts.