The US DC Circuit Court of Appeals ruled on Tuesday, June 23, 2026, that the Trump administration may proceed with its plan to expand the use of expedited removal, a fast-track deportation procedure that bypasses immigration judge hearings. This decision marks a significant victory for President Donald Trump's mass deportation efforts.
Ruling overturns previous block
The appeals court allowed the administration to enforce a policy announced on January 21, 2025, which broadens the scope of individuals subject to expedited removal. Previously, this process was limited to migrants apprehended within 100 miles of a land border and within 14 days of arrival. Under the new policy, undocumented immigrants anywhere in the United States who cannot prove they have lived in the country continuously for two years or more can be deported without a hearing.
A trial court had previously blocked the expansion, but the DC Circuit's 2-1 ruling reversed that decision. Judges Justin Walker and Neomi Rao formed the majority, while Judge Robert Wilkins dissented.
Legal reasoning and due process concerns
The majority opinion rejected arguments that the expanded policy violates the Constitution's right to due process. The court sided with the administration's interpretation of immigration law, which authorizes expedited removal for individuals who entered the country illegally within the past two years.
Department of Homeland Security General Counsel James Percival celebrated the ruling, stating: "The DC Circuit vindicated the administration's decision to apply the law as written. The department had previously limited expedited removal to 14 days despite statutory allowance for individuals who entered the country illegally within the last two years." He also reminded the public about the administration's active self-deportation program, which offers a $2,600 stipend for voluntary departures.
Criticism from civil rights groups
Civil rights organizations strongly criticized the judicial outcome, warning that the expansion of fast-track deportations will bypass critical legal protections. Anand Balakrishnan, senior staff attorney with the ACLU’s Immigrants’ Rights Project and lead counsel in the case, stated: "This ruling undermines fundamental due process principles when the government seeks deportation. Our legal team is currently exploring its next options."
The ACLU and other groups had challenged the policy, arguing that it exposes long-term residents to deportation without proper legal safeguards. The ruling allows the administration to implement the policy while legal challenges continue.
