June 23, 2026·25-5320·Panel Decision·WALKER·By James Taylor
The United States Court of Appeals for the District of Columbia Circuit vacated a district court stay that had blocked the expansion of expedited removal authority, holding that the Executive Branch's designation of aliens for rapid deportation does not violate due process.
Congress established expedited removal to allow for the rapid deportation of certain illegal aliens, excluding those admitted or paroled and those with two years of continuous presence. While the Executive has discretion to designate aliens for this process, a January 2025 expansion to the maximum extent allowed by Congress was stayed by the district court on due process grounds. The case involves challenges to this expansion by Make the Road New York and various state attorneys general.
The court’s reasoning
The court determined that the district court erred in finding a likely due process violation. The statutory scheme provides for a credible fear interview and limited judicial review through habeas corpus, which the court found sufficient to satisfy constitutional requirements. The Executive’s exercise of discretion to expand the designation to the maximum extent permitted by Congress was upheld.
Because it does not, we vacate the stay.
The dissent
What it means going forward
The decision allows the Department of Homeland Security to enforce the expanded expedited removal designation, potentially subjecting more aliens to rapid deportation without a hearing before an immigration judge.
