Court rules Trump can't expand fast-track deportation process

"The US district judge Jia Cobb in an 29 August ruling sided with an immigrant rights group and blocked the US Department of Homeland Security from enforcing policies that exposed immigrants to the risk of rapid expulsion if the administration believed they had been in the country for less than two years. The administration asked the DC circuit to stay that ruling while it appealed."

"But the US circuit judges Patricia Millett and J Michelle Childs said the administration was unlikely to succeed in showing that its systems and procedures adequately protected immigrants' due process rights under the US constitution's fifth amendment. The judges, both appointees of Democratic presidents, cited serious risks of erroneous summary removal posed by the administration's effort to expand the fast-track deportation process away from the borders to cover the entire US."

A 2-1 panel of the D.C. Circuit declined to stay a lower-court injunction that blocked the Department of Homeland Security from expanding expedited removal beyond border areas. US District Judge Jia Cobb's 29 August ruling prevented enforcement of policies that could subject immigrants to rapid expulsion if believed to have been in the country less than two years. Judges Patricia Millett and J. Michelle Childs found the administration unlikely to show adequate Fifth Amendment due process protections and warned of serious risks of erroneous summary removal. The panel partially stayed only changes related to credible-fear determinations, and Judge Neomi Rao dissented.

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