US Appeals Court Backs Expansion of Fast-Track Deportations

The ruling from the U.S. Court of Appeals for the District of Columbia Circuit empowers the Department of Homeland Security to apply fast-track removal to non-citizens who cannot prove two years of continuous residence in the U.S. This policy revives a 2019 framework that had been rescinded during the Biden administration. Writing for the majority, Judge Justin Walker argued that the statute grants the administration authority to apply expedited screening to the maximum extent permitted by Congress. He dismissed concerns regarding due process, asserting that the existing system provides sufficient opportunity for migrants to contest their status.

In his dissent, Judge Robert Wilkins warned that the current procedure is inadequate for individuals encountered in the interior of the country, specifically noting that the policy allows for removal without even inquiring into a migrant's length of stay. The legal challenge, originally brought by the advocacy group Make the Road New York, had successfully convinced U.S. District Judge Jia Cobb last August that the expansion violated constitutional due process rights. DHS General Counsel James Percival praised the appellate ruling, stating it affirms the agency’s commitment to applying the law as written.