Federal judge blocks Trump administration's expanded fast-track deportation policy

(CN) — A federal judge in Washington Friday evening stayed the Trump administration’s attempted expansion of expedited deportations nationwide, saying that the policy likely violates due process rights.

Fast-track deportations, also known as expedited removals, have long been the federal government’s procedure for people apprehended at the border. But in January, the Trump administration expanded the policy so that it applies to people detained anywhere in the country.

“The problem, though, is that unlike the group of people who have traditionally been subject to expedited removal — those detained at or near the border shortly after crossing — the group of people the government is now subjecting to expedited removal have long since entered our country,” U.S. District Judge Jia M. Cobb’s wrote in a 48-page order. “That means that they have a weighty liberty interest in remaining here and therefore must be afforded due process under the Fifth Amendment.”

The expanded policy, combined with the Trump administration’s goal of making 3,000 immigration arrests every day, has, the judge wrote, led to the arrests of several people at their immigration court hearings and their workplaces.

Noting that individuals who have been in the country for longer than two years are ineligible for expedited removal, Cobb said the administration’s priority of speed over all else in the deportation process will “inevitably” lead it to improperly remove some individuals, including those seeking asylum.

“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. The government could accuse you of entering unlawfully, relegate you to a bare-bones proceeding where it would “prove” your unlawful entry, and then immediately remove you. By merely accusing you of entering unlawfully, the Government would deprive you of any meaningful opportunity to disprove its allegations,” Cobb wrote.

The judge said plaintiff nonprofit Make the Road provided strong evidence showing that the expanded expedited removal policy violates due process rights and that its members will be irreparably harmed absent their requested stay.

Cobb granted an indefinite stay of the challenged government actions pending the outcome of further proceedings in the case.

The Department of Homeland Security and Make the Road New York could not immediately be reached for a comment late Friday.