A federal appeals court has delivered a significant blow to the Trump administration's immigration agenda, refusing to permit the expansion of a controversial fast-track deportation programme that would have applied across the entire United States.
Judges Uphold Lower Court Ruling
On Saturday, a 2-1 panel from the influential US Court of Appeals for the District of Columbia Circuit declined to suspend a lower court's ruling that found the administration's policy violated the constitutional rights of migrants. The central part of the ruling by US District Judge Jia Cobb, issued on 29 August, therefore remains largely in effect.
Judge Cobb had sided with the immigrant rights group Make the Road New York, blocking the Department of Homeland Security from enforcing policies that would have subjected more people to expedited removal. This process allows for rapid expulsion without a full hearing before an immigration judge.
Due Process Concerns Take Centre Stage
The administration had asked the appeals court to put Judge Cobb's ruling on hold while it pursued an appeal. However, Circuit Judges Patricia Millett and J Michelle Childs determined the government was unlikely to succeed in proving its procedures adequately protected immigrants' due process rights under the Fifth Amendment.
In their decision, the judges, both appointed by Democratic presidents, highlighted the "serious risks of erroneous summary removal" posed by expanding the programme's reach from the immediate border region to anywhere in the country.
The court did, however, grant a partial stay concerning one aspect of the lower court's order. It suspended the requirement for changes to how immigration authorities assess whether someone has a credible fear of persecution if returned to their home country.
A Divided Legal Opinion
The ruling was not unanimous. US Circuit Judge Neomi Rao, a Trump appointee, dissented, characterising Judge Cobb's original injunction as "impermissible judicial interference" with executive authority.
The legal battle over the policy's future is set to continue, with the administration's substantive appeal scheduled to be heard by the court on 9 December.
For nearly three decades, the expedited removal process has been a tool used primarily for immigrants apprehended at the border. In January, the Trump administration moved to dramatically widen its scope. The new policy aimed to cover non-citizens apprehended anywhere in the US who could not prove they had been in the country continuously for two years or more.
This move mirrored a similar policy enacted in 2019, which was later rescinded by the Biden administration and was also challenged in court by the same advocacy group. The Department of Homeland Security has not yet issued a public comment on the latest court decision.
