Full Breakdown
Federal Appeals Court Allows Expedited Removal
6/24/2026, 2:33:56 AM
Court Expands Expedited Removal
On June 23 2026, U.S. Court of Appeals for the District of Columbia Circuit reversed a 2025 injunction and cleared Department of Homeland Security (DHS) to apply expedited removal to non-citizens apprehended anywhere in the U.S. who cannot prove at least two years of residence. 2-1 decision, authored by Judge Justin Walker and joined by Judge Neomi Rao, held that Congress permits the maximum use of the statute.
Background
Expedited removal, created three decades ago, was limited to migrants detained near southern border. Trump administration first broadened it in 2019; Biden administration later rescinded that expansion. January 2025 DHS issued a directive extending the process to interior arrests, prompting a lawsuit by immigrant-rights group Make the Road New York.
Key Figures
President Donald Trump, DHS General Counsel James Percival, and ACLU attorney Anand Balakrishnan (representing Make the Road New York) are the advocates and opponents. Majority opinion was written by Judge Justin Walker, with Judge Neomi Rao concurring; Judge Robert Wilkins dissented. District Judge Jia Cobb issued the injunction.
Timeline
Impact
The revived tool could affect “millions of undocumented immigrants,” especially those unable to demonstrate two years of residence. It permits removal without a hearing before an immigration judge, accelerating deportations and reducing safeguards.
Official Statements
DHS General Counsel James Percival said the ruling vindicated administration’s interpretation of the law. ACLU attorney Anand Balakrishnan warned the policy creates an unfair, error-prone system that undermines due-process protections.
Opposition
Make the Road New York, represented by Balakrishnan, announced plans to pursue litigation, calling expansion “unfair and error-prone.” Judge Wilkins argued the procedure is “woefully inadequate” for interior encounters, raising concerns about wrongful removals.
Verbatim Quotes
- “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,” — Judge Justin Walker
- “is woefully inadequate for persons encountered in the interior of the country.” — Judge Robert Wilkins
- “ James Percival, DHS's general counsel, said in a statement that the ruling "vindicated our decision to apply the law as written.” — James Percival, DHS General Counsel
- “When it comes to people living in the interior of the country, prioritizing speed over all else will inevitably lead the Government to erroneously remove people via this truncated process,” — Judge Jia Cobb
Next Steps
Make the Road New York is exploring next steps in its challenge, while DHS has not yet responded to requests for comment on the ruling.
