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Appeals Court Reinstates Interior Expedited Removal Policy

The D.C. Circuit ruled the fast-track rule does not violate due process, allowing ICE and CBP to resume rapid deportations of some people inside the United States without immigration-judge hearings.

Overview

  • The D.C. Circuit issued a 2-1 decision on Tuesday reinstating the Trump administration’s January 2025 plan to expand expedited removal into the U.S. interior.
  • The majority found the policy does not breach constitutional due-process rights, while the lone dissent warned against the ruling and questioned its legal reach.
  • Expedited removal lets immigration agents remove people who entered without inspection quickly, often in days or hours, without a hearing before an immigration judge.
  • The rule includes explicit exemptions for people who can prove two consecutive years of U.S. residence and for asylum seekers who passed an initial credible-fear screening.
  • The reinstatement reverses an August 2025 lower-court block and is likely to speed deportations, reduce immigration-court caseloads for some cases, and prompt new legal challenges and operational shifts at ICE and CBP.