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Elevate Magazine
September 1, 2025

Court halts Trump administration’s widened deportation policy

court halts trump administration’s widened deportation policy
Photo source: Flickr

A federal judge in Washington, D.C. has temporarily halted the Trump administration’s effort to expand expedited deportation processes for undocumented migrants living inside the United States. This ruling derails plans to deport many people quickly without allowing them a hearing before a judge.

Expedited removal has long applied mainly to migrants caught near the border soon after entry. But in January 2025, the Trump administration broadened it nationwide to include anyone detained who cannot prove they’ve been in the U.S. for two years or more. This expansion drastically increased those vulnerable to rapid deportation without traditional court proceedings.

Judge Jia Cobb ruled that this wider use violates migrants’ constitutional right to due process. She highlighted that many targeted migrants have established ties in the country and thus deserve protections under the Fifth Amendment.

“In defending this skimpy process, the Government makes a truly startling argument: that those who entered the country illegally are entitled to no process under the Fifth Amendment, but instead must accept whatever grace Congress affords them. Were that right, not only noncitizens, but everyone would be at risk,” Cobb wrote in a 48-page opinion issued Friday night. 

The judge warned that prioritising speed over fairness leads to wrongful removals.

airportprotest joeplette flickr (1)
Photo source: Migration Policy Institute

This ruling challenges President Trump’s 2024 promise of deporting up to a million people annually during a second term. While the administration insists swift deportations are necessary for public safety, critics say denying individuals a chance to contest their removal is unjust.

Immigrant rights groups welcomed the decision, calling it a vital defence of due process, while the Department of Homeland Security defended the policy under the president’s authority to enforce immigration laws. The ruling builds on prior decisions by Judge Cobb blocking similar policies targeting immigrants admitted under humanitarian parole.

Since the policy widened, Immigration and Customs Enforcement has increased arrests in courthouses immediately following case dismissals, proceeding directly with expedited removals. Though asylum claims can delay deportation, many are unaware of this right or are promptly removed after initial screenings.

Experts warn such mass deportations would have far-reaching economic consequences, potentially destroying millions of jobs held by immigrants and native-born workers. The scale and logistics of deporting up to one million people a year present enormous challenges.