The U.S. Court of Appeals for the D.C. Circuit has ruled to reinstate the Department of Homeland Security's (DHS) expanded expedited removal policy, which allows for the quick deportation of certain undocumented immigrants. This decision, made on June 23, 2026, impacts many individuals currently living in the United States without legal status, as it enables the government to expedite their removal from the country without lengthy legal proceedings.
The case, Make The Road New York v. Markwayne Mullin, No. 25-5320, centers around a 2025 DHS policy that expanded the criteria for expedited removal. The ruling is significant because it affects the legal rights of immigrants, particularly those who may not have had the opportunity to establish their claims for asylum or other protections under U.S. law.
Background
Make The Road New York, a nonprofit organization advocating for immigrant rights, filed a lawsuit against Markwayne Mullin, the Secretary of the U.S. Department of Homeland Security, in response to the 2025 expansion of expedited removal. The organization argued that the new policy violated due process rights by allowing the government to quickly remove individuals without proper legal safeguards.
The dispute arose after the DHS announced on January 21, 2025, that it would expand expedited removal to include undocumented immigrants who could not demonstrate continuous physical presence in the U.S. for at least two years. This policy marked a significant shift in immigration enforcement, as it allowed for the expedited removal of individuals who had been living in the country for extended periods, potentially without legal recourse.
The case was initially heard in the U.S. District Court for the District of Columbia, where the court granted a stay on the implementation of the policy, citing potential violations of due process. The district court's decision was based on concerns that the expedited removal process could lead to wrongful deportations without adequate legal protections.
The Ruling
The D.C. Circuit Court ultimately ruled against the district court's stay, stating that the expanded expedited removal policy did not violate due process. The court emphasized that the Executive Branch has the authority to designate which individuals may be subject to expedited removal. Judge Walker, writing for the court, stated, "Because it does not, we vacate the stay," indicating that the court found the government's actions to be lawful.
The ruling allows the DHS to proceed with the expanded expedited removal policy, which the court found to be within the bounds of the law. The decision underscores the government's discretion in immigration enforcement and the limited judicial review available for such policies.
Impact
This ruling has significant implications for undocumented immigrants in the United States. By reinstating the expanded expedited removal policy, the court has effectively streamlined the deportation process for individuals who do not meet the criteria for asylum or other forms of legal protection. This decision may lead to an increase in deportations, particularly for those who have been living in the U.S. for less than two years without legal status.
The ruling also sets a precedent regarding the extent of the government's authority in immigration enforcement. It reinforces the notion that the Executive Branch has broad discretion in determining immigration policies, which may limit the ability of individuals to challenge such policies in court. As a result, many immigrants may find themselves at greater risk of expedited removal without the opportunity for a full legal hearing.
What's Next
While the D.C. Circuit's ruling reinstates the expedited removal policy, it is possible that the case could be appealed to the U.S. Supreme Court. Additionally, other related cases may arise as individuals and organizations continue to challenge the government's immigration policies. The ongoing legal battles surrounding expedited removal will likely shape the future of immigration enforcement in the United States.