D.C. Court Shocks — No Judge, Gone

A federal appeals court just overruled a Biden-appointed judge and handed Trump a major win — clearing the way to fast-track deportations of illegal immigrants anywhere in the country, without a court hearing.

Story Snapshot

  • The D.C. Circuit Court of Appeals reversed a lower court block on Trump’s expanded expedited removal policy in a 2-1 ruling.
  • The policy lets immigration officers deport illegal immigrants anywhere in the U.S. without a judge — if they can’t prove two years of continuous presence.
  • The fast-track deportation tool was created by Congress in 1996 and the Supreme Court upheld it in 2020.
  • Trump first expanded the policy in 2019, Biden killed it in 2022, and Trump revived it on January 24, 2025.

Appeals Court Overrules Biden-Appointed Judge

The U.S. Court of Appeals for the D.C. Circuit ruled 2-1 on June 23, 2026, to revive Trump’s expanded expedited removal policy. The ruling threw out a lower court order that had blocked the policy. That lower court block came from a judge appointed during the Biden era. The appeals court’s decision clears the way for the Department of Homeland Security (DHS) to use fast-track deportations across the entire country — not just near the border.

Expedited removal lets immigration officers deport someone quickly — often within hours — without sending them before an immigration judge. Under the expanded policy, any illegal immigrant encountered anywhere in the U.S. can face fast-track deportation if they cannot prove they have lived here continuously for at least two years. DHS officially expanded the policy on January 24, 2025, just days after Trump returned to office. [6]

This Law Has Been on the Books Since 1996

Expedited removal is not a new invention. Congress created it in 1996 through the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The law gives immigration officers the power to remove certain illegal immigrants “without further hearing or review.” [4] Originally, the process only applied within 100 miles of the border and within 14 days of arrival. Trump expanded it to the full country during his first term in 2019. Biden reversed that in March 2022. Trump brought it back the moment he returned to office.

The Supreme Court backed up the law in 2020. In the case Department of Homeland Security v. Thuraissigiam, the Court ruled that expedited removal does not violate the right to challenge detention in court (habeas corpus) or due process rights. [4] That ruling gave the Trump administration solid legal ground to stand on when it revived and expanded the policy in 2025.

What the Policy Actually Does

Under expedited removal, an immigration officer — not a judge — decides if someone is here illegally and can be removed. The person must show on their own that they have been in the country continuously for two full years. If they can’t prove that, they can be deported fast. The only exception is if the person says they fear returning to their home country. In that case, they get a fear screening interview that could allow them to seek asylum. [4]

Critics — mostly left-leaning legal groups — argue the process doesn’t give migrants enough chance to prove their case. But the law is clear. Congress wrote it, the Supreme Court upheld it, and two of three appeals court judges just confirmed it can be used nationwide. The Trump administration says the policy is a key tool for national security and for cutting down on illegal entries. For Americans frustrated by years of open-border policies and an overwhelmed immigration system, this ruling is a step toward restoring order and enforcing the laws already on the books.

Sources:

[4] Web – Expanded Expedited Removal: Can Fourth Amendment “Border …

[6] Web – Fact Sheet: Expanded Expedited Removal

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