A US federal appeals court ruled 2-1 on June 23, 2026, to overturn a district court order that blocked the Trump administration’s expansion of expedited removal of immigrants across the country [1, 2, 3, 4, 5]. The expanded policy lets the Department of Homeland Security (DHS) quickly deport non-citizens apprehended anywhere in the US who cannot prove two years of continuous residence [1, 2, 3, 4, 5].

Originally limited to migrants caught at the border, the expedited removal policy was expanded nationwide in January 2025 during Trump’s second term [1, 2, 3, 4, 5]. This followed a similar policy first put in place in 2019 under Trump’s initial presidency but rescinded under the Biden administration before being reinstated in 2025 [2, 4, 5].

The 2025 district court injunction came after immigrant advocacy group Make the Road New York sued to block the expansion, arguing it violated constitutional due process rights. District Judge Jia Cobb ruled the policy deprived migrants of these protections [1, 2, 4, 5].

The appeals court majority opinion, authored by Trump appointee Judge Justin Walker and joined by Judge Neomi Rao, disagreed. The opinion stated the policy provided sufficient due process including notice and the chance to object. Walker wrote, "Make the Road has not shown that the expedited-removal process denies its members notice and an opportunity to be heard" and said the expedited screening system’s speed was a feature Congress contemplated [1, 2].

Dissenting Judge Robert Wilkins, an Obama appointee, argued that officers often fail to properly determine or notify migrants about the two-year residency requirement, which undermines due process inside the US [2, 3, 5]. He said, "Absent such knowledge, the noncitizen is simply left to hope that the immigration officer will conclude that they have met their burden."

DHS General Counsel James Percival praised the ruling as a vindication of applying the law as written, calling the prior limits arbitrary. "Today, the D.C. Circuit vindicated our decision to apply the law as written. It's not too late to take a $2,600 check and a free flight home!" he said [4].

The expanded expedited removal allows DHS to deport migrants without court hearings even if caught far from the border [3, 4, 5].

Separately on June 23, 2026, a California federal judge, P. Casey Pitts, ruled to revoke Trump administration policies that permitted Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) to carry out arrests inside immigration courts and extend detention from 12 to 72 hours [6, 7, 8]. Pitts ruled that expansion was arbitrary and violated the Administrative Procedure Act, restoring Biden-era restrictions on court arrests and detention lengths [6, 7, 8]. He noted, "80 years of congressional commands require federal agencies to give considered explanations before acting on chosen policies."

The Trump administration justified the expanded arrests and longer detentions as part of a crackdown on undocumented immigrants after Trump returned to office in 2025 [6, 7, 8]. DHS legal counsel James Percival criticized the California ruling as "naked judicial activism that fuels anti-American and open border agendas" [6].

The appeals court ruling allows DHS to continue enforcing the nationwide expedited removal policy while the legal battle over Trump’s immigration court arrest policies continues [1, 6].