Federal appeals court allows Trump admin to resume expedited deportations of illegal migrants

A federal appeals court in Washington, D.C., ruled Tuesday that the Trump administration can resume its fast-track deportations of illegal migrants through an expedited removal process.

The removal process was initially designed for migrants who recently crossed into the country illegally at the southern border, but was expanded last year to include all migrants who could not prove they were continuously present in the U.S. for over two years. 

The three-judge panel ruled in a 2-1 split that the expansion was legal, despite claims that it violated due process, stating that due process requires an opportunity to be heard “at a meaningful time and in a meaningful manner," according to The Hill.

“The question is not whether some officials fail to implement a directive properly; it is whether the ‘written policy directive’ itself is unlawful,” Judge Justin Walker wrote in the majority opinion. “At most, the district court’s findings show that Congress’s expedited screening system operates quickly and with practical constraints — features the statute itself contemplates. They do not show that the challenged directives deprive aliens of a meaningful opportunity to be heard."

Walker and Judge Neomi Reo, both Trump appointees, were the majority and Judge Robert Wilkins, who was appointed by former President Barack Obama, dissented.

Wilkins argued in his opinion that immigration officers acting under the expanded expedited removal policies did not advise detainees of their rights and wrongfully deported multiple illegal migrants. 

“The fact that the procedures implementing the 2025 Designation and Huffman Memorandum do not require (1) DHS to ask the persons when they entered the country, or (2) DHS to advise persons that expedited removal applies only if the person has not been continuously present in the country for two years, violates due process,” Wilkins wrote in his dissent. 

“As the Court held in Mullane, notice must ‘be of such nature as reasonably to convey the required information’ and ‘afford a reasonable time for those interested to make their appearance,’” he added. 

The order comes as the Trump administration continues to urge illegal migrants to voluntarily self-deport, promising a $2,600 stipend and free travel if they do so.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.