The Trump administration secured a significant immigration victory after a federal appeals court ruled in favor of reinstating a nationwide expedited removal policy, allowing the Department of Homeland Security to resume fast-track deportations for certain illegal immigrants across the country, as reported by Fox News.
In a 2-1 decision issued Monday, the U.S. Court of Appeals for the District of Columbia Circuit vacated a lower court order that had blocked the policy.
The ruling clears the way for federal immigration authorities to remove eligible illegal immigrants without lengthy proceedings if they were not lawfully admitted or paroled into the United States and cannot demonstrate they have continuously lived in the country for at least two years.
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The decision overturns a nationwide stay imposed by U.S. District Judge Jia Cobb, a Biden appointee, who had concluded the policy created a substantial risk that individuals could be deported before having a meaningful opportunity to establish that they were exempt from expedited removal.
Writing for the majority, Judge Justin Walker said the challengers were unlikely to prevail on their claims that the policy violated constitutional due process protections.
“DHS thereby exercised its discretion to apply its expedited-removal authority to the maximum extent allowed by law,” Walker wrote in the court’s opinion.
The ruling marks another legal victory for the administration as it continues efforts to expand immigration enforcement following President Donald Trump’s return to office in January 2025.
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The expedited removal policy was initially expanded nationwide during Trump’s first term in 2019. The Biden administration later rescinded the measure before DHS reinstated it shortly after Trump returned to the White House.
Under the policy, immigration officers may quickly remove certain illegal immigrants who cannot demonstrate they have been continuously present in the United States for at least two years.
The legal dispute centered on whether DHS must provide additional information about potential defenses before initiating removal proceedings.
The majority determined that constitutional due process requires notice of the government’s actions and an opportunity to respond, but does not require officials to explain every possible legal defense available to an individual.
“The constitutional requirement is notice of the action the government is taking and the grounds for it, plus an opportunity to respond,” Walker wrote. “It is not a requirement that the government explain how the individual might prevail.”
The court also rejected arguments that DHS must proactively inform migrants that proving two years of continuous presence could exempt them from expedited removal.
“If due process requires the government to inform individuals of the two-year continuous-presence rule, it presumably also requires informing them of every other basis for contesting expedited removal,” Walker wrote. “Make the Road offers no limiting principle and identifies no authority for so expansive a requirement.”
The majority further dismissed claims that examples of wrongful deportations demonstrated that the policy itself was unconstitutional.
“To be sure, the record contains evidence that some aliens have been erroneously subjected to expedited removal despite having been present for more than two years,” the opinion stated.
“If so, that’s illegal. But the cause there would be individual officers’ failure to follow the law, not defects in the written directives under review.”
The Department of Homeland Security welcomed the ruling.
“For years, DHS has arbitrarily limited expedited removal to 14 days even though it applies to illegal aliens who entered the country illegally within the last two years,” DHS General Counsel James Percival said in a statement. “Today, the D.C. Circuit vindicated our decision to apply the law as written. It’s not too late to take a $2,600 check and a free flight home!”
Judge Robert Wilkins dissented from the ruling, arguing that DHS procedures do not provide a sufficient opportunity for migrants to demonstrate they have been continuously present in the United States for at least two years.
“DHS is using procedures that do not allow a meaningful opportunity for noncitizens to demonstrate that they have been continuously present in the United States for two years,” Wilkins wrote.
The ruling allows the Trump administration to immediately resume enforcement of the nationwide expedited removal policy while the broader legal challenge continues through the courts.
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