
President Trump just won a big ruling on expedited deportations in the DC Circuit Court of Appeals, where they overruled and stayed a lower court ruling that blocked Trump’s expanded expedited removals on the grounds that it violated due process.
Here’s the news:
For clarity, here is what was at issue:
At issue here is the provision allowing the Secretary of Homeland Security to designate certain aliens already in the country for expedited removal. Congress excluded many people from that provision. Any aliens admitted or paroled are excluded, even if they are here illegally. So too is anyone who can prove he has lived here — legally or illegally — for at least two straight years.
As for whether to designate other aliens for expedited removal, Congress let the Executive decide. And for many years, while some were designated, others were not. But that changed in January 2025 when the Executive expanded expedited removal to the maximum extent allowed by
Congress.
The district court stayed the expansion, holding that it likely violated due process.
Because it does not, we vacate the stay.
Cheney added that there were some interesting divisions and pairings on the ruling, in case you’re interested:
Judge Walker (Trump) and Judge Wilkins (Obama) agreed that the district court had *authority* to stay the Day One decision. Judge Rao (Trump) disagreed.
Walker/Rao said the Day One decision did not violate due process. Judge Wilkins disagreed, dissenting in part from the overall ruling.
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