President Donald Trump

Chris Kleponis

Trump Blasts Immigration System, Says Judicial Process Would Be Dysfunctional

June 25, 2018 - 3:41 pm

WASHINGTON (WCBS 880/AP) -- President Donald Trump on Monday blasted the immigration system – saying it is unfair, and those who cross the border illegally should be sent back home right away and should not be allowed to go before a judge.

Trump on Sunday compared people entering the U.S. from Mexico to invaders and said they should be immediately sent back without appearing before a judge.

On Monday, he tweeted further that many thousands of judges handling “a long and complicated legal process” for court cases will “always be dysfunctional.”

CBS News White House Correspondent Steven Portnoy noted that deportations without hearings before judges already do happen.

“A lot has been made about the idea that the president is running roughshod over due process as he talks about this – removing illegal immigrants without the benefit of going before a judge. That is already the policy in many cases. It’s called expedited removal. If you come across the border illegally and you’re intercepted at or close to the border, you can be sent back home without seeing a judge,” Portnoy said. “In fact, it happens hundreds of thousands of times a year. It’s been the policy since George W. Bush’s presidency, under a law Congress passed in 1996.”

But there are questions about whether Trump is looking to expand the expedited removal policy.

“The president is suggesting that there ought not be any court cases or judges, and the question is how would this apply to people who seek asylum, because that is an exception to the expedited removal process, and there have been hundreds of thousands of asylum claims and a backlog that’s growing,” Portnoy said.

The American Civil Liberties Union said Sunday that immediately sending immigrants back without letting them appear before a judge would be illegal and violate the Constitution that Trump swore to uphold.

Meanwhile, the Department of Health and Human Services said Monday that there are still more than 2,000 children who are still separated from their parents and being housed in facilities that are funded by HHS. That figure is down from 2,340 children last week.

(© 2018 WCBS 880. The Associated Press contributed to this report.)