A US federal appeals court has ruled against Donald Trump’s attempt to expand a fast-track deportation process that would have allowed the expedited removal of immigrants living far from the border. The 2-1 decision by the DC Circuit Court of Appeals upheld a lower court’s finding that the policy violated the due process rights of migrants.
Judges Patricia Millett and J Michelle Childs said the administration was unlikely to succeed in demonstrating that its procedures adequately protected immigrants’ rights under the Fifth Amendment. They cited “serious risks of erroneous summary removal” if the system were expanded across the entire United States.
The ruling largely left in place an order from District Judge Jia Cobb, who blocked the Department of Homeland Security from enforcing policies that could swiftly deport immigrants believed to have been in the country for less than two years. However, the appeals court did allow part of the order concerning credible fear assessments to stand.
In a dissenting opinion, Trump appointee Judge Neomi Rao called the lower court’s ruling “impermissible judicial interference.” The administration is appealing the decision, with a hearing scheduled for 9 December.
The expedited removal process has been used for nearly three decades to return immigrants quickly at the border. Trump expanded its scope in January to cover non-citizens apprehended anywhere in the US, mirroring a 2019 policy that was later rescinded by President Joe Biden.
