What is “Catch and Revoke” Policy?

Trump Administration, with aim to restrict immigration and enhance border security, announce “Catch and Revoke” visa policy. Marking a significant shift, U.S. Secretary of State Marco Rubio, announced the policy reflecting the approach to immigration enforcement.

What are features of this policy and whether the same can withstand judicial scrutiny or would it lead to protracted litigation are some of the current discussion topics.

US Shifting tracks from “Catch and Release” to “Catch and Revoke”

Biden Administration, adopting a very liberal approach towards immigrants or to say undocumented immigrants, has long operated under the “Catch and Release” framework, where undocumented immigrants were apprehended and were, rather promptly, released awaiting immigration hearings. This allowed many individuals to remain in the U.S. for extended periods and in many cases the undocumented immigrants, fearing adverse ruling, absconded before their hearings.

Marking a dramatic shift, the Trump administration has announced “Catch and Revoke” policy under which instead of releasing undocumented immigrants are subjected to expedited deportation and even immigrants with valid visa but violating visa terms are being deported expeditiously often before the court hearings.

This policy is aimed to push stricter enforcement, deter illegal immigration and ensure compliance with visa regulations.

Catch and Revoke Policy- attempt to overhaul of immigration enforcement

Major features of “Catch and Revoke” policy include:

Immediate elimination of legal right to remain in US:

Immigrants violating Visa conditions as overstaying, engaging in work not authorized under Visa terms, would face immediate revocation of their visa, and their legal right to remain in the U.S. shall be eliminated immediately.

Deportation Process:

Deportation proceedings being streamlined, the time between apprehension and removal is minimized. This would also reduce the backlog of cases in immigration courts.

Enforcement Mechanisms strengthened:

Coordination between the State Department, Department of Homeland Security, local law enforcement authorities has been streamlined to ensure faster identification and apprehending of visa violators.

Apart from above, harsher penalties for violation of visa terms that may extend to ban on re-entry, and repeat offenders would face criminal charges.

High risk individuals as persons with criminal records, having links with any terrorist organization, individuals considered as a threat to national security are likely to get their visa revoked.

Overall, this policy of Catch and Revoke is designed to make the US immigration system more efficient aligned with the Trump administration’s broader election promise of immigration reforms.

How would the “Catch and Revoke” Policy impact immigrants

The “Catch and Revoke” policy is expected to have extensive consequences for immigrants, major ones are:

1. Catch and Revoke Policy, even before its full implementation has created fear and uncertainty among immigrants especially those on temporary immigration visas as H-1B, F-1, or tourist/Business visas. This is so since now after Trump’s taking over and even before announcement of this policy, many immigrants accused of offenses considered minor in their home country as traffic law violations have been swiftly deported disrupting lives.
2. Industries relying on immigrant labor, such as agriculture, technology is likely to face labor shortages if immigrants on temporary visas are deported en-masse. Finding replacement by such businesses would be tough thereby impacting the productivity.
3. Border and Enforcement Agencies, already having strained resources, would find it tougher to handle increased magnitude of the cases especially when they would be expected to expedite the deportation processes. Detention centers are already under equipped to provide even basic necessities to undocumented immigrants detained therein, would find it difficult to handle additional people coming in.
4. Stricter visa policies are likely to strain diplomatic ties with countries whose citizens may seem to be singled out, potentially affecting international relations with such countries.

Wide spread belief is that this policy is likely to lead to racial profiling and increase human rights concerns.

Would the harsh provisions of “Catch and Revoke” policy be able to Stand Legal Scrutiny?

Many provisions of this policy likely to face legal challenges under U.S. law:

1. Expedited deportation process would be against the Fifth and Fourteenth Amendments, which requires due process to be followed before deporting anyone. In many cases, given the short time allowed to individuals, they may not have enough time to present their case in any appeal proceedings and this is likely to lead to wrongful deportations.
2. If the policy as such, or in its implementation, targets or is believed to be targeting specific nationalities or ethnic groups, cases under the Equal Protection Clause of the Fourteenth Amendment are likely to increase manifold for its discriminatory enforcement.
3. As like many other previous policies which had been changed under Administrative Provisions Act, it may also face lawsuits on ground that it bypasses proper rulemaking processes outlined in the Administrative Provisions Act.
4. Many international agreements as the 1951 Refugee Convention, to which U.S. is a signatory, which restrict mass deportations without proper asylum screenings may come in way of its stricter implementation.

Federal courts, including the Supreme Court, have historically struck down or modified immigration policies deemed harsh or unconstitutional. The “Catch and Revoke” policy’s fate will likely depend on how courts interpret its alignment with constitutional protections and statutory authority.

Would immigrants be able to successfully Contest the Policy?

Any challenge to this policy in courts of law is expected to yield mixed results. Likely success in courts of law against this policy is likely to be on following legal precedents:

1. Historically, immigration law firms have been successfully able to contest such cases in US courts on plea that certain provisions violate constitutional rights.
2. Going by previous precedents, legal attorneys can delay the court proceedings, allowing time for public debate and potential changes to the policy.
3. Specific groups, such as asylum seekers or various communities that allege persecution in their home countries may seek court relief from harsh enforcement of this policy.

However, contesting and getting relief from enforcement of Catch and Revoke policy may not be easier as if Courts in US grant significant deference to the executive branch on immigration matters, citing national security and sovereignty.

Current Political climate in US with a Republican-led administration, getting legislative support for softening of the policy would be limited, reducing the prospects of any legal victory.

Fighting legal battle is going to be an expensive affair. Immigrant advocacy groups may struggle to fund large-scale litigation against administration that would have deep pockets.

While legal challenges could delay or modify the policy, complete reversal is unlikely without significant political shifts. However, targeted litigation focusing on specific provisions of the policy may offer limited success.

Future of Catch and Revoke Policy

The “Catch and Revoke” visa policy is a bold and controversial step in U.S. immigration enforcement. Its features—immediate visa revocation, expedited deportations etc while do aim to deter illegal immigration but have immense economic, and legal consequences. The policy is also sure to face legal scrutiny for its due process. Contesting the policy through litigation may yield partial successes, particularly for vulnerable groups.

As the U.S. implements “Catch and Revoke” policy against its earlier “Catch and Release” the debate on the same is likely to get hotter and polarized.

What are your thoughts on this policy? Share your views in the comments below.

About Post Author

Terry

Terry, a writer and immigration expert with 10+ years as a content creator and advocate, helps newcomers navigate Canada’s system. Collaborating with consultants and agencies, Terry decodes PR risks and job challenges in trusted blogs. A storyteller and maple syrup fan, Terry authored a popular guide for new Canadians.

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