The U.S. Court of Appeals for the D.C. Circuit ruled on June 23, 2026, that the Trump administration may proceed with plans to expand expedited removal procedures to non-citizens apprehended anywhere within the United States. The 2-1 decision overturns an August 2025 injunction issued by a district court that had blocked the implementation of the policy.
The policy, first introduced by the administration in January 2025, allows for the fast-track deportation of individuals who cannot demonstrate that they have been continuously present in the U.S. for at least two years. Previously, expedited removal was largely limited to migrants apprehended at or near the border.
Writing for the majority, Circuit Judge Justin Walker stated that the administration was acting within the scope of authority granted by Congress. The court rejected arguments that the policy violates the due process rights of long-term residents, noting that individuals are provided with notice and an opportunity to object if they can prove their duration of residency.
Circuit Judge Robert Wilkins, who dissented, argued that the procedure is “woefully inadequate” for individuals encountered in the interior of the country, noting that the current process does not require officials to ask how long a person has lived in the U.S. before initiating removal.
DHS General Counsel James Percival described the ruling as a validation of the agency’s “decision to apply the law as written.” The legal challenge was initially brought by the advocacy group Make the Road New York. It remains unclear whether the case will be appealed to the Supreme Court.