Federal Judge Halts Trump Administration’s Expedited Deportation Plan for Migrants Inside US, Citing Due Process Rights
A federal judge has issued an injunction against a Trump administration policy aimed at expediting the deportation process for migrants residing within the United States, deeming it a breach of due process rights.
Unlike migrants apprehended near or at the border, who have historically been subject to expedited removal proceedings, those now being targeted have already established themselves within the country, according to US District Court Judge Jia Cobb.
Judge Cobb, appointed to the federal bench in Washington DC by former President Joe Biden, opined that these individuals possess substantial liberty interests and are therefore entitled to due process protections under the Fifth Amendment.
The administration’s effort to expedite deportations was initiated during President Donald Trump’s second term, expanding upon a Department of Homeland Security policy that previously restricted expedited removal to migrants detained within 100 miles of the US border and who had been in the country for less than two weeks.
Judge Cobb expressed concern over the administration’s assertion that the targeted individuals should not be entitled to due process rights. In her ruling, she criticized the government for advocating that only congressionally granted processes could protect noncitizens from immediate removal.
“In defense of this truncated process, the Government posits a startling argument: those who entered illegally are not entitled to any Fifth Amendment due process but instead must accept whatever protection Congress grants them,” Cobb stated. “Such a position would not only impact noncitizens, but could potentially affect everyone. The government could accuse an individual of unlawful entry, subject them to a minimal hearing where the government presents its evidence, and then promptly remove them.”
“By merely alleging unlawful entry, the government would effectively deny an individual a meaningful opportunity to refute the charges,” the judge added. “Fortunately, this is not the law as it stands.”
Make the Road New York, an immigrant advocacy organization, instigated the legal challenge against the administration’s rule.
Independently, Judge Cobb also recently halted the enforcement of a Trump-era policy aimed at swiftly deporting migrants who had legally entered the United States through humanitarian parole programs.
This story is still developing and will be updated accordingly.