A U.S judge has ruled to block the Trump administration’s efforts to expand a policy that allows for the rapid deportation of migrants without a court hearing, dealing a setback to President Trump’s broader plan for mass deportations.
The policy in question, known as “expedited removal,” was originally applied to migrants detained near the U.S-Mexico border who had recently crossed into the country.
However, earlier this year, the Trump administration sought to expand this process nationwide, applying it to migrants who had been in the U.S. for up to two years.
On Friday, U.S. District Judge Jia Cobb issued an injunction preventing the expanded use of the procedure, citing concerns that it could lead to wrongful deportations without adequate due process.
Cobb’s ruling highlighted the risk that people who had been in the U.S for more than two years could be unfairly removed without the opportunity to challenge their deportation in court.
“Unlike those typically subject to expedited removal, migrants detained at or near the border shortly after entry, the individuals now being targeted by this policy have long since entered the country,” Cobb wrote in a 48-page opinion.
The judge also criticized the government’s legal argument, which suggested that migrants who entered the U.S illegally would not be entitled to due process under the Fifth Amendment, claiming that they should simply accept whatever protection Congress offers.
Cobb rejected this argument, warning that such a stance could threaten the rights of all individuals, not just noncitizens.
This ruling comes in the wake of a lawsuit filed by Make The Road New York, a migrant rights organization that has been a vocal opponent of the administration’s mass deportation efforts.
While the judge did not rule on the constitutionality of the expedited removal process itself, she made it clear that this specific expansion exceeded the limits of what the law permits.
The ruling has significant implications for Trump’s mass deportation strategy, which has faced repeated legal challenges, particularly with respect to the rights of individuals to contest their deportation.
Trump, who is seeking a return to the White House, has made clear his intention to deport millions of undocumented migrants.
However, the president’s deportation plans have been hampered by multiple court decisions, particularly over concerns about the constitutional rights of those affected.
In her opinion, Judge Cobb also referenced the U.S Constitution, which guarantees that “no person shall be removed from the United States without the opportunity, at some time, to be heard.”
