Appeals court allows Trump to expand fast-track deportations nationwide

The U.S. Court of Appeals for the District of Columbia Circuit cleared the Trump administration to expand expedited removals across the country in a 2-1 ruling on June 23, 2026. The decision in Make The Road New York v. Markwayne Mullin restores a tool that can send some undocumented immigrants out of the country in days, with no immigration judge hearing if they cannot show two years of continuous U.S. presence.

Expedited removal has existed for about 30 years, after Congress created the process to speed deportations in certain cases. For most of that time, it was used mainly near the southern border or shortly after entry. Trump revived a broader 2019 version of the policy after returning to office in January 2025, and the new rule makes people living far from the border newly vulnerable if they cannot prove citizenship, lawful status, or the required two-year residence.

The district court in Washington, D.C., had blocked the expansion on August 29, 2025, finding the safeguards too weak to guard against wrongful removals and constitutional violations. The appeals panel disagreed, concluding that the challengers had not shown the policy denied notice or a meaningful chance to respond. Oral argument took place on December 9, 2025, in a case filed by Make the Road New York on January 22, 2025, one day after Trump’s inauguration.

Under the policy, Immigration and Customs Enforcement can move a case through an expedited track without the ordinary hearing process, shrinking the time people have to find counsel, gather records, or prove they are protected from removal.

The case drew support from the Federation for American Immigration Reform and from a coalition of state attorneys general. The American Civil Liberties Union, the ACLU of the District of Columbia and the New York Civil Liberties Union argued that the expansion could expose thousands of people to wrongful deportation without a fair hearing.