On Friday, a federal judge in Washington, D.C., temporarily blocked the Trump administration from executing expedited deportations of undocumented migrants who have been detained within the United States. This ruling represents a significant legal setback for the Republican administration's attempts to broaden the application of federal expedited removal statutes, which would allow for the swift removal of certain undocumented migrants without requiring them to appear before a judge.
President Donald Trump, during his 2024 campaign, made commitments to initiate a large-scale deportation operation should he regain office. He set an ambitious target of deporting 1 million undocumented migrants annually in his second term. However, U.S. District Judge Jia Cobb indicated that the administration's expanded use of expedited removal infringes upon individuals' due process rights. In her opinion, issued on the same day, Cobb criticized the government's argument, which suggested that individuals who entered the country illegally are entitled to no due process under the Fifth Amendment.
In her 48-page ruling, Cobb emphasized the potential dangers of this perspective, stating, "Were that right, not only noncitizens, but everyone would be at risk." The Department of Homeland Security (DHS) had announced an expansion of expedited removal shortly after Trump took office in January. Previously, this process had been limited to individuals apprehended within 100 miles of the border and those who had been in the U.S. for under 14 days. The expansion has led to numerous lawsuits, notably from organizations like the American Civil Liberties Union and various immigrant rights groups.
While Judge Cobb did not challenge the constitutionality of the expedited removal statute or its application at the border, she stipulated that the government must provide due process to the significantly larger group of individuals living in the interior of the country who had not been previously subjected to expedited removal. She warned that prioritizing speed in deportation proceedings could lead to wrongful removals, as the process lacks thoroughness.
Earlier in the month, Cobb had already agreed to a temporary injunction against the administration’s attempts to broaden expedited removal for immigrants who entered the U.S. under a program known as humanitarian parole, indicating the administration had exceeded its statutory authority. Her ruling on this matter indicated that these migrants face dangers that outweigh any potential harm from delaying the administration’s plans for expedited removals.
Since May, U.S. Immigration and Customs Enforcement (ICE) has been strategically positioning its officers in court hallways to arrest individuals following judicial agreements to dismiss deportation cases. After these arrests, the government initiates deportation proceedings under expedited removal authority. Although individuals may have the opportunity to halt the fast-track deportation process by filing an asylum claim, many may not be aware of this right. Additionally, even if they are informed, they risk removal if they fail the initial screening.
This recent ruling underscores the ongoing legal battles surrounding immigration policies under the Trump administration and indicates significant challenges the administration may face in implementing its deportation strategies.
