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A federal appeals court ruled Monday that the Trump administration may resume nationwide use of expedited removal, restoring a policy that allows immigration officers to quickly deport certain noncitizens without an immigration court hearing if they cannot prove at least 2 years of continuous residence in the United States.
In a 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit lifted a lower court order that had blocked the policy since last summer. The majority held that Congress granted the executive branch broad authority to apply expedited removal procedures and concluded the administration’s January 2025 expansion falls within that authority.
The ruling overturns an earlier decision by U.S. District Judge Jia Cobb, who found the policy likely raised due process concerns for individuals with longer ties to the United States. Writing for the majority, Judge Justin Walker said the streamlined nature of the process reflects Congress’s intent and rejected arguments that the policy unlawfully limits opportunities for review.
“For years, DHS has arbitrarily limited expedited removal to 14 days even though it applies to illegal aliens who entered the country illegally within the last two years. Today, the DC Circuit vindicated our decision to apply the law as written. It’s not too late to take a $2,600 check and a free flight home!” Department of Homeland Security Counsel James Pervical posted to X following the ruling.
The decision drew a dissent from Judge Robert Wilkins, who argued the system provides insufficient safeguards and risks deporting individuals who have lived in the country longer than the two-year threshold.
Expedited removal was created by Congress in 1996 and historically applied primarily to migrants encountered near the border shortly after entering the country. President Donald Trump expanded its use nationwide in January 2025, allowing immigration officers to apply the process to individuals found anywhere in the country who cannot demonstrate two years of continuous presence.
The lawsuit was brought by immigrant advocacy group Make the Road New York with representation from the American Civil Liberties Union. Plaintiffs may seek review by the full D.C. Circuit or appeal to the U.S. Supreme Court.
