A federal appeals court in the United States on June 23 cleared the way for the Trump administration to expand the geographic scope of expedited deportation procedures. With the ruling, the Department of Homeland Security can now quickly deport foreigners living far from the border.
A panel of the US Court of Appeals for the District of Columbia Circuit, in a 2-1 vote, overturned a federal judge's August 2025 decision that blocked the Department of Homeland Security's effort to expand expedited deportation coverage.
Policy mirrors the 2019 approach
Expedited deportation procedures have been used for about three decades to quickly return migrants apprehended at the border. In January 2025, the Trump administration expanded this practice to cover foreigners caught anywhere in the US who cannot prove they have been in the country for at least two years.
This policy largely mirrors the approach the Trump administration implemented in 2019, which was later rescinded under the Biden administration.
Court process and rationale
After the human rights organization Make the Road New York filed a lawsuit, federal judge Jia Cobb suspended the new rules, stating they violated constitutional due process guarantees for migrants who could be detained anywhere in the country. The appeals court disagreed with this assessment.
In the opinion written by Trump appointee Judge Justin Walker, it was stated that the administration has the authority to expand expedited deportation procedures "to the maximum extent permitted by Congress." Walker noted that migrants are informed they are subject to expedited deportation and are given the opportunity to provide evidence of continuous residence in the US for two years.
In his ruling, Walker said, "At most, the district court's findings show that the expedited review system established by Congress operates quickly and takes into account the practical limitations that the law itself clearly foresees. This does not prove that the challenged regulations deprive foreigners of a genuine opportunity to be heard."
Dissent and department statement
Judge Neomi Rao, also a Trump appointee, largely agreed with Walker's opinion. Judge Robert Wilkins, appointed by Barack Obama, dissented. Wilkins objected to applying expedited deportation procedures without determining how long migrants have lived in the US, arguing the procedure is "woefully inadequate for individuals detained within the country."
Department of Homeland Security Principal Legal Advisor James Persival said the ruling "confirms the correctness of our approach to applying the law as enacted."
