A federal judge has recently issued a ruling that blocks a significant effort by the Trump administration aimed at expediting the deportation of migrants detained within the interior of the United States. The ruling was made on the grounds that the initiative violates the due process rights of these individuals. U.S. District Court Judge Jia Cobb emphasized that the individuals targeted by this policy are not recent arrivals but have “long since entered” the country, thereby possessing a substantial interest in their liberty to remain, as protected under the Fifth Amendment.
Judge Cobb, who was nominated to the federal bench in Washington, D.C., by former President Joe Biden, articulated her concerns regarding the administration's stance that migrants should not have the right to due process. She stated, “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.” Cobb further elaborated on the potential repercussions of such an argument, warning that it could put not only noncitizens but all individuals at risk of arbitrary removal based on mere accusations of unlawful entry.
The initiative to accelerate deportations originated early in President Donald Trump’s second term, expanding upon a Department of Homeland Security (DHS) policy that previously limited expedited removal to migrants apprehended within 100 miles of the U.S. border and who had been in the country for less than two weeks. Judge Cobb expressed her dissatisfaction with the idea that the administration believed none of the migrants should enjoy due process rights, highlighting the importance of legal protections for those facing deportation.
Make the Road New York, an immigrant advocacy organization challenging this policy, raised concerns during a hearing last month about its implications. They argued that the policy is already being misused to arrest individuals at immigration courts and deport them without a hearing, infringing upon their constitutional rights. The group contends that the law is ambiguous and that DHS is overstepping its authority by detaining individuals who are actively seeking to comply with legal immigration processes.
In contrast, the government has advocated for the implementation of this policy, asserting that it represents a lawful exercise of executive authority intended to streamline immigration enforcement and reduce court backlogs. However, Judge Cobb clarified in her decision that while the expedited removal statute's constitutionality remains intact, its application to a vast number of individuals living in the interior of the country necessitates the provision of due process rights, which the current procedures fail to uphold.
Separately, earlier this month, Judge Cobb also paused the enforcement of another Trump-era rule that aimed to fast-track the deportation of migrants who had legally entered the United States through humanitarian parole programs. This ruling adds another layer to the ongoing legal battles surrounding immigration policy and the protection of migrant rights in the U.S.
This story has been updated with additional details. CNN’s Angelica Franganillo Diaz contributed to this report.
