Judge orders halt to Trump's initiative expanding swift removals of immigrants
In a significant legal development, U.S. District Judge Jia Cobb has temporarily blocked the Trump administration from carrying out speedy deportations of undocumented migrants detained in the interior of the United States. This ruling is a setback for President Donald Trump's efforts to expand the use of the federal expedited removal statute.
The case against the administration's expansion of expedited removal for many immigrants was based on the argument that the Department of Homeland Security (DHS) exceeded its statutory authority. The American Civil Liberties Union (ACLU) sued the U.S. government to stop the expansion of rapid deportations of migrants deeper within the United States.
Before the administration's push to expand such speedy deportations, expedited removal was only used for migrants who were stopped within 100 miles of the border and who had been in the U.S. for less than 14 days. However, the Trump administration, shortly after coming to office, announced that it was expanding the use of expedited removal.
Judge Cobb, nominated by Democratic President Joe Biden, argued that the government must afford due process to a group of people living in the interior of the country who have not previously been subject to expedited removal. Cobb's ruling ignores the President's clear authorities under both Article II of the Constitution and the plain language of federal law, according to the DHS.
The immigrants facing deportation under the fast-track authority are facing perils that outweigh any harm from "pressing pause" on the administration's plans, Judge Cobb stated in her 48-page opinion. She wrote that prioritizing speed over due process will lead to erroneous removals.
Filing an asylum claim can put fast-track deportations on hold, but people may be unaware of this right. Even if people are aware of their right to file an asylum claim, they can be swiftly removed if they fail an initial screening.
This ruling could benefit hundreds of thousands of people, as it puts a temporary halt to the Trump administration's aggressive deportation policies. Despite Trump's assertion that "we have the law, facts, and common sense on our side," the court's decision underscores the importance of due process in the immigration system.
Trump had promised to engineer a massive deportation operation during his 2024 campaign and had set a goal of carrying out 1 million deportations a year in his second term. However, this ruling marks a significant hurdle in his efforts to expand expedited removal and speed up deportations.
The Trump administration has not commented on whether it will appeal the ruling. The ACLU, on the other hand, has hailed the decision as a victory for due process and the rule of law.
