Appeals Court Affirms Expanded Expedited Deportations Nationwide

WASHINGTON – A federal appeals court on Monday allowed the Trump administration to expand its use of expedited deportations nationwide. The ruling from the U.S. Court of Appeals for the D.C. Circuit permits immigration authorities to apply a fast-track deportation process to a broader range of undocumented immigrants.

The Department of Homeland Security (DHS) announced in July 2019 that it would expand the “expedited removal” policy. This expansion would allow agents to deport individuals who cannot demonstrate continuous physical presence in the U.S. for two years or more. Previously, the expedited removal process primarily applied to individuals apprehended within 100 miles of the border and within 14 days of entry. The expanded policy removes those geographic and time limitations.

Civil rights groups, including the American Civil Liberties Union (ACLU) and the American Immigration Council, challenged the expansion in court. U.S. District Judge Ketanji Brown Jackson initially blocked the policy in September 2019, stating that the government had violated administrative procedure laws by not providing adequate public notice and opportunity for comment before implementing the change.

The three-judge appeals panel reversed Judge Jackson's decision, concluding that the government had the authority to implement the expansion without undergoing the full notice-and-comment rulemaking process. The appeals court stated that Congress had already authorized such an expansion in Section 235(b)(1)(A)(iii) of the Immigration and Nationality Act. This section gives the Secretary of Homeland Security discretion to apply expedited removal procedures to certain non-citizens. The court determined that the DHS acted within its statutory authority when expanding the policy.

Under the expedited removal process, individuals deemed eligible for immediate deportation typically do not have the right to a hearing before an immigration judge. An asylum officer interviews those who express fear of persecution or torture upon return to their home country. If the asylum officer finds a credible fear, the individual may pursue an asylum claim.