A federal appeals court on Tuesday allowed the Trump administration to resume carrying out speedy deportations of undocumented migrants throughout the United States, not just near the border.
A divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit threw out a lower court ruling that temporarily blocked President Donald Trump’s expanded use of expedited removal. The ruling was a big victory for the Republican administration, which views the expansion of so-called expedited removal as a key tool for carrying out its mass deportation policy.
An attorney for the plaintiffs said the ruling “undermines the fundamental principle that people receive due process when the government seeks to deport them.”
“The Trump administration’s push for fast-track deportations will subject people to an unfair and error-prone system,” Anand Balakrishnan, senior staff attorney with the ACLU’s Immigrants’ Rights Project, said in a statement.
Trump appointed the two judges in the majority in Tuesday's decision. The third was appointed by President Barack Obama, a Democrat.
The plaintiffs had not “shown that the expedited-removal process denies its members notice and an opportunity to be heard,” Judge Justin R. Walker, one of the Trump appointees, wrote.
Expedited removal — quick deportation without a chance to appear before a judge — has previously been applied to migrants arriving by sea or caught at or near the border shortly after crossing.
In January, Trump expanded its use to undocumented migrants all over the US. Immigration agents began whisking migrants away from courthouses where they had gone for immigration proceedings and then removing them from the country within days.
U.S. District Judge Jia Cobb ruled in August that plaintiffs challenging the expansion had made a “strong showing” that it was trampling on people's due process rights, and she issued a stay order putting the policy on hold. Cobb was appointed to the federal bench by President Joe Biden, a Democrat.
Many migrants living deep in the U.S. have been in the country for more than 2 years, making them ineligible for expedited removal under federal law. Cobb said the administration had not developed procedures to ensure they and other groups of migrants were not wrongly deported under the expedited process.
The plaintiffs had put forward “substantial evidence" that the expedited removal process, on the contrary, carried a high risk of error when applied more broadly, Cobb said. The ruling cited examples of people who had lived in the U.S. for far longer than two years but were still ordered to be removed in expedited proceedings.
The Trump administration appealed, arguing in a court filing that its expansion was legal, and protections were in place to prevent arbitrary removal.
Cobb's ruling was an “egregious error” that was depriving the administration of an “essential tool to combat the unprecedented surge of illegal immigration over the past few years” and efficiently deport potentially millions of people, Justice Department attorneys argued in the October filing.
