Federal judge Halts Expansion of trump-era Fast-Track Deportations
WASHINGTON – A federal judge blocked the Biden administration’s implementation of a Trump-era policy expanding expedited removal for migrants, ruling that the government must provide due process to individuals facing swift deportation who have been living in the U.S. for an extended period. The decision, issued by Judge Sharon Levin Cobb of the U.S. District Court for the Northern District of California, throws into question the administration’s strategy to accelerate deportations of those not previously subject to the fast-track process.
The ruling centers on the request of expedited removal to a large group of migrants residing in the interior of the country. While Judge Cobb did not challenge the constitutionality of the expedited removal statute itself,she persistent the government must afford these individuals due process rights. This case arrives as the Biden administration continues to grapple with managing migration at the southern border and faces pressure from both sides of the political spectrum regarding immigration enforcement.
The judge’s decision builds on a previous temporary block she issued earlier this month, halting the Trump administration’s attempt to broaden fast-track deportations for immigrants who entered the U.S.under humanitarian parole. That earlier ruling potentially benefits hundreds of thousands of people and found that Homeland Security exceeded its statutory authority in attempting to expand expedited removal for this population, citing that the potential perils faced by those deported outweighed any harm from pausing the administration’s plans.
Since May, Immigration and Customs Enforcement (ICE) officers have been arresting individuals in courthouse hallways after judges grant government requests to dismiss deportation cases, then re-initiating proceedings under the expedited removal authority. While migrants can potentially halt these deportations by filing an asylum claim, the ruling highlights concerns that many might potentially be unaware of this right and face rapid removal if they fail an initial screening.
Judge Cobb, an appointee of former President Joe Biden, wrote that her ruling “merely holds that in applying the statute to a huge group of people living in the interior of the country who have not previously been subject to expedited removal, the Government must afford them due process.”
