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Amanda Castro

By Amanda Castro

Associate News Editor

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A federal appeals court on Tuesday reinstated the Trump administration’s nationwide use of fast‑track deportations. The ruling immediately revives one of President Donald Trump’s most sweeping immigration tools, allowing rapid removals without court hearings.

Millions of undocumented immigrants, particularly those unable to prove two years of continuous U.S. residence on the spot, now face heightened risk of expedited removal as the policy resumes.

Majority Says Policy Fits Within Congressional Limits

A divided three‑judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled 2–1 that the administration acted within the authority Congress delegated to the executive branch. Judge Justin R. Walker, joined by Judge Neomi Rao, wrote that federal law permits the government to apply expedited removal “to the maximum extent allowed,” and does not require officers to explain how migrants might avoid the process.

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The decision reverses a lower‑court ruling that blocked the expansion last year over concerns it violated due‑process rights and risked wrongful deportations.

A group of undocumented migrants is deported by U.S. Immigration and Customs Enforcement agents across the McAllen–Hidalgo–Reynosa International Bridge in McAllen, Texas, on Friday, March 13, 2026. Dozens of migrants from countries including Cuba, Venezuela, Haiti, China, Guatemala and El Salvador were handed over to Mexican authorities.

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Dissent Warns of Wrongful Deportations

Judge Robert L. Wilkins dissented, arguing that the Department of Homeland Security had already deported people who had lived in the United States longer than two years. He wrote that a system allowing removals without even asking how long someone has been in the country “might satisfy due process at the border” but is inadequate for arrests deep inside the country.

How Expedited Removal Works Under Trump

Expedited removal was historically limited to migrants detained near the southern border. Trump’s January 2025 directive authorized Immigration and Customs Enforcement to use it nationwide, including during interior enforcement operations, if individuals could not immediately prove long‑term residence.

The process allows deportation without an immigration judge, dramatically speeding removals and reducing opportunities to challenge mistakes.

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Advocates Say Oversight Is Thin

Immigrant rights groups, including Make the Road New York, argued that the expansion leaves long‑time residents vulnerable to rapid deportation based on snap judgments by individual officers. They said the government has provided little transparency about how the policy is applied in practice.

Government Celebrates Ruling

James Percival, general counsel for the Department of Homeland Security, praised the decision, saying the court “vindicated” the administration’s approach and rejected what he described as years of unnecessarily narrow use of expedited removal.

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Former Trump Justice Department official Jeff Clark framed the ruling as a breakthrough after months of legal resistance.

“The procedural costs and delays inflicted on the Trump 47 Administration to right the immigration ship are off the charts,” Clark wrote on X. “It’s a judicial war of attrition being conducted against the President. All endured so that we can have the most basic of things — a country that is not overrun by illegal aliens and that instead focuses on its own existing citizens.”

Cities Where Interior Enforcement Has Intensified

While expedited removal is a federal policy, immigrant‑rights groups say enforcement has surged in major metro areas where ICE conducts routine interior operations. Cities where advocates have reported heightened activity include:

These cities are not uniquely targeted by the ruling but represent places where interior arrests have historically been concentrated.

What Happens Next

The ruling takes effect immediately unless the plaintiffs seek emergency relief from the Supreme Court.

If it stands, the administration can continue using expedited removal nationwide, reshaping the landscape for millions of undocumented immigrants and accelerating Trump’s broader deportation agenda.

Contact Newsweek editors on this story: Gabe Whisnant, Sam Wilson and Gray R. Thomas.

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