Washington, DC – In a major legal victory for the Trump administration, a federal appeals court on Monday ruled that the “expedited removal” policy for undocumented immigrants can be reinstated nationwide. The 2-1 decision allows the Department of Homeland Security to resume deporting immigrants who cannot prove they have lived continuously in the United States for at least two years. This ruling overturns a lower court decision that had halted the policy.
“Jia Cobb’s” verdict overturned
This court ruling overturns a restriction imposed by U.S. District Judge Jia Cobb, an appointee of former President Joe Biden. She had determined that the policy posed a serious risk of wrongfully deporting individuals without giving them a fair chance to prove their legal status.
In contrast, Justice Justin Walker, writing on behalf of the majority, affirmed that the Department of Homeland Security exercised its discretion “to the fullest extent permitted by law.” The court also clarified that the Constitution requires immigrants to be notified of the proceedings against them and given an opportunity to respond. However, it does not require authorities to provide a detailed explanation of every potential legal defense that could prevent deportation, including informing them of their right to appeal through the two-year residency requirement, according to Fox News.
Department of Homeland Security comment
The Department of Homeland Security praised the ruling, with General Counsel James Percival stating that the decision upholds the letter of the law, noting that procedures had been arbitrarily restricted for years. He added that the department is moving forward with more stringent strategies to expedite enforcement and removal processes. On the other hand, Judge Robert Wilkins dissented from the ruling, arguing that the current procedures do not give immigrants a genuine opportunity to prove their right to remain. As a result, this could lead to unfair deportations.
Decision context
It is worth noting that the Trump administration first expanded the scope of expedited deportation in 2019, before the Biden administration rescinded it. The Department of Homeland Security then reinstated it in early 2025 following Trump’s return to power. The court, in its reasoning, emphasizes that errors in the execution of deportations against some individuals do not indicate flaws in the policy itself. Rather, the court attributes these errors to shortcomings in field implementation by some officers. This also represents a fundamental shift in the legal approach to illegal immigration in the United States.
