Elvin came to the United States 12 years ago from Honduras. He’s undocumented, but he has a strong case to stay here because of family ties, including three citizen children and a citizen father. He’s not a person that should be in the fast-track for deportation — a process known as expedited removal, which has historically applied only to recent border-crossers.
But last December, Border Patrol agents detained Elvin at a checkpoint and claimed he had recently crossed the border, making him subject to the fast-tracked deportation process. It wasn’t until a federal judge considered the evidence showing Elvin had lived in the United States for years that Elvin was freed from a months-long detention and imminent deportation.