Court Rules Trump Cannot Broaden Fast-Track Deportation Process | U.S. Immigration
Federal Appeals Court Denies Trump’s Deportation Policy Expansion
A recent ruling by a federal appeals court has halted the Trump administration’s plan to broaden a fast-track deportation process that would expedite the removal of immigrants residing far from the border.
Court Ruling Overview
A 2-1 panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled against allowing the government to delay implementation of a lower court’s decision. This decision was based on findings that the administration’s policies infringed upon immigrants’ due process rights as outlined in the Fifth Amendment.
Background of the Case
In a pivotal ruling on August 29, U.S. District Judge Jia Cobb sided with an immigrant rights organization, blocking the U.S. Department of Homeland Security (DHS) from enforcing policies that could lead to the swift expulsion of immigrants believed to have lived in the country for less than two years. The administration had requested the D.C. Circuit Court to pause Cobb’s ruling while appealing the decision.
Judges’ Concerns
Judges Patricia Millett and J. Michelle Childs expressed skepticism regarding the administration’s ability to demonstrate that its procedures sufficiently protected immigrants’ due process rights. They raised alarms about the “serious risks of erroneous summary removal” that could arise from expanding fast-track deportation beyond border areas to cover the entire country.
Dissenting Opinion
U.S. Circuit Judge Neomi Rao, appointed by Trump, dissented, labeling Cobb’s ruling as “impermissible judicial interference.” As the judicial process continues, the administration’s appeal is scheduled for a hearing on December 9.
Implications for Immigration Policy
Historically, the expedited removal process has been utilized for nearly three decades to quickly return immigrants caught at the border. However, in January, the Trump administration expanded this policy to include non-citizens apprehended anywhere in the U.S. who could not prove they had been in the country for two years. This more aggressive approach mirrored a policy from 2019 that was later rescinded by the Biden administration, which had also faced legal challenges from advocacy groups like Make the Road New York.
