Court halts Trump administration's interior deportation expansion
Federal judge blocks fast-track removal without hearings
U.S. District Judge Jia Cobb ruled on Aug. 29, 2025, that the Trump administration's expansion of expedited removal violates migrants' due process rights. She temporarily blocked fast-track deportations of migrants encountered or apprehended anywhere in the U.S. who cannot show continuous presence of two years. The ruling halts a January 2025 directive issued Jan. 20–23, 2025 that expanded the policy from border-only enforcement to nationwide application. The directive had aimed to apply expedited removal inland and could affect millions of undocumented migrants nationwide.
Why this matters
<ul> <li><strong>⚖️ Federal judge blocks mass deportation strategy nationwide</strong>: Judge Jia Cobb's ruling halts expedited removal expansion that would have affected millions of undocumented immigrants. This forces case-by-case hearings instead of administrative fast-tracking.</li> <li><strong>🏛️ Constitutional due process survives administration challenge</strong>: The decision affirms that Fifth Amendment protections apply to long-term residents facing deportation. This rejects government argument that unauthorized entry eliminates all constitutional rights.</li> <li><strong>📈 ICE courthouse arrest tactics ruled unconstitutional violation</strong>: Federal agents were positioning themselves in immigration court hallways to arrest asylum-seekers after hearings. Courts found this fast-tracking deportations without additional review violated due process.</li> <li><strong>🔄 Policy mirrors 2019 expansion that courts previously blocked</strong>: Similar expedited removal expansion was challenged and restricted during first Trump presidency. Only 17 people were actually removed under expanded authority between October 2020 and January 2021.</li> </ul>
Core Facts
U.S. District Judge Jia M. Cobb issued a preliminary injunction on Aug. 29, 2025. She sits on the U.S. District Court for the District of Columbia. Cobb found the government likely violated migrants' Fifth Amendment due process rights by expanding expedited removal.
The Jan. 2025 policy from the Department of Homeland Security expanded expedited removal to noncitizens encountered anywhere in the United States if they can't prove at least two years' continuous presence. Under the rule, many people could be processed for deportation without seeing an immigration judge. Advocates and some reports say the change would expose millions of migrants to fast-track expulsions.
Immigrant-rights groups, including Make the Road New York and the American Civil Liberties Union, sued to block the policy. They documented cases where ICE agents arrested asylum seekers in or near immigration courts and then sought rapid expulsions under expedited removal. The plaintiffs argued those practices showed a high risk of deporting people without meaningful hearings.
The injunction pauses the policy's interior application nationwide while the lawsuit proceeds. The Justice Department said it will appeal the decision to the U.S. Court of Appeals for the D.C. Circuit and may seek emergency relief. The ruling protects migrants now, but the policy could resume if higher courts rule for the government.
Key Actors
Jia M. Cobb
U.S. District Judge, U.S. District Court for the District of Columbia
Issued a temporary order blocking the expansion of expedited removal and found the policy likely violates migrants' due process rights.
Make the Road New York; American Civil Liberties Union; Coalition for Humane Immigrant Rights
Plaintiffs and immigrant-rights advocates
Filed the lawsuit challenging the administration's expansion, arguing the policy denies migrants basic constitutional protections and due process.
Department of Homeland Security and U.S. Immigration and Customs Enforcement
Federal agencies that design and enforce immigration policy
Defended and implemented the expedited removal expansion that would allow fast-track deportations of migrants detained anywhere in the U.S.
Donald J. Trump
President of the United States
Issued the Jan. 20, 2025 executive action that expanded expedited removal to include migrants arrested in the interior of the country.
U.S. Court of Appeals for the D.C. Circuit
Federal appellate court
May hear appeals of Judge Cobb's ruling or related challenges and could determine whether the injunction applies nationwide.
Actionable Insights
Call your U.S. senators and representative at 202-224-3121 and urge them to defend due process for migrants.
Judge Jia Cobb issued a preliminary injunction on Aug. 30, 2025, temporarily blocking expedited removal nationwide, and the government is expected to appeal to the D.C. Circuit.
Donate or volunteer with the ACLU Immigrants' Rights Project or the National Immigration Law Center to support litigation and representation.
These groups are representing plaintiffs and helping people who were encountered or apprehended and who can't show two years' continuous presence after the court blocked the expansion.
Sign up with the American Immigration Lawyers Association or local legal aid to observe hearings and offer pro bono help.
The injunction is temporary and likely to be appealed, so observers and pro bono attorneys can document enforcement and help people at risk of expedited removal.
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