Federal Appeals Court Blocks Trump's Plan to Widen Deportation Fast Track.
A US federal appeals court has ruled against the Trump administration's attempt to expand a fast-track deportation process that would allow for rapid expulsion of immigrants who are not living near the border. The decision was made by a 2-1 panel of the DC circuit court, with two judges siding in favor of immigrant rights groups and one judge dissenting.
The ruling comes as part of an ongoing challenge to the administration's policies on immigration, which were first implemented in 2019. Under these policies, non-citizens apprehended at the border who could not show they had been in the country for two years were considered eligible for expedited removal. The Trump administration then expanded this policy nationwide in January.
However, an immigrant rights group and a US district judge have blocked enforcement of this policy, arguing that it violates due process rights. In August, the DC circuit court declined to put on hold this ruling, despite the administration's request.
The court ultimately found that the administration's systems and procedures did not adequately protect immigrants' due process rights under the 5th Amendment of the US Constitution. Two judges, Patricia Millett and J Michelle Childs, concluded that there were "serious risks of erroneous summary removal" posed by the expanded policy.
While the court largely left the district judge's order in place, it stayed part of it requiring changes to how immigration authorities determine whether someone has a credible fear of being sent back to their country of origin. The administration's appeal on this matter is set to be heard on December 9.
One judge, Neomi Rao, who was appointed by Trump, dissented from the decision and described it as "impermissible judicial interference".
A US federal appeals court has ruled against the Trump administration's attempt to expand a fast-track deportation process that would allow for rapid expulsion of immigrants who are not living near the border. The decision was made by a 2-1 panel of the DC circuit court, with two judges siding in favor of immigrant rights groups and one judge dissenting.
The ruling comes as part of an ongoing challenge to the administration's policies on immigration, which were first implemented in 2019. Under these policies, non-citizens apprehended at the border who could not show they had been in the country for two years were considered eligible for expedited removal. The Trump administration then expanded this policy nationwide in January.
However, an immigrant rights group and a US district judge have blocked enforcement of this policy, arguing that it violates due process rights. In August, the DC circuit court declined to put on hold this ruling, despite the administration's request.
The court ultimately found that the administration's systems and procedures did not adequately protect immigrants' due process rights under the 5th Amendment of the US Constitution. Two judges, Patricia Millett and J Michelle Childs, concluded that there were "serious risks of erroneous summary removal" posed by the expanded policy.
While the court largely left the district judge's order in place, it stayed part of it requiring changes to how immigration authorities determine whether someone has a credible fear of being sent back to their country of origin. The administration's appeal on this matter is set to be heard on December 9.
One judge, Neomi Rao, who was appointed by Trump, dissented from the decision and described it as "impermissible judicial interference".