A federal appeals court ruled Tuesday that President Trump can resume fast-tracking deportations in a 2-1 ruling. While a lower court struck the program down in August, this ruling allows the Trump administration to deport potentially millions of people without offering them immigration hearings.
Judge Justin R. Walker and Judge Neomi Rao, two Trump appointees, ruled in Trump’s favor, while Judge Robert L. Wilkins, an Obama appointee, dissented. The Trump appointees argued that it was within the executive’s jurisdiction to decide which migrants to fast-track to deportation, and that the Department of Homeland Security was not required to inform migrants that they could avoid an accelerated deportation if they could offer proof of residency for at least two years.
“It is not a requirement that the government explain how the individual might prevail,” Walker wrote.
Wilkins noted in his dissent that the expedited removal process was usually reserved for people detained immediately at the U.S. borders, rather than immigrants who’d been in the country for some time.
“A procedure that can result in persons being deported pursuant to the expedited removal statute without even being asked how long they have been in the country might satisfy due process for persons encountered at the border, but it is woefully inadequate for persons encountered in the interior of the country,” Wilkins wrote.
This decision is a victory for the mass deportation agenda animating White House adviser Stephen Miller. The DHS celebrated the ruling, claiming that it had “vindicated” Trump, according to The New York Times.
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