Jun. 23, 2026, 3:22 PM EDT<\/time><\/p>\n<\/div>\n

An appeals court sided with the Trump administration on Tuesday to allow the government to resume expedited deportations nationwide.<\/p>\n

A three-judge panel from the U.S. Court of Appeals for the D.C. Circuit ruled 2-1<\/a> that President Donald Trump could resume his expansion of “expedited removal” procedures nationwide for any undocumented immigrant who is in the country illegally and cannot prove they were in the country continuously for at least two years. Previously, this removal process was used primarily near the border, but Trump expanded it to the maximum extent allowed by Congress upon taking office at the start of his second term.<\/p>\n

The decision reverses a ruling handed down by D.C. District Court Judge Jia Cobb, a Biden appointee, last August. Her ruling found the process likely violated due process rights and risked wrongful removal.<\/p>\n

Two Trump-appointed judges, Justin Walker and Neomi Rao, comprised the majority ruling out of the D.C. Circuit Court on Tuesday, which found that the Trump administration’s directives do not violate due process. <\/p>\n

Judge Robert Wilkins, an Obama appointee, dissented, writing that “due process does not wait for a final removal order to be issued before it is owed.” <\/p>\n

The White House did not immediately respond to MS NOW’s request for comment on the ruling.<\/p>\n

James Percival, general counsel for the Department of Homeland Security, celebrated the ruling in a post on X<\/a>writing that the court “vindicated” the administration’s application of the law. <\/p>\n

The legal challenge was initially brought by Make the Road New York, an immigrants’ advocacy organization. The organization did not immediately respond to MS NOW’s request for comment.<\/p>\n<\/div>\n

Fallon Gallagher is a legal affairs reporter for MS NOW. <\/p>\n<\/div>\n

Julianne McShane is a breaking news reporter for MS NOW who also covers the politics of abortion and reproductive rights. You can send her tips from a non-work device on Signal at jmcshane.19 or follow her on X or Bluesky.<\/p>\n<\/div>\n<\/div>\n<\/section>\n