The DC Circuit Court of Appeals issued a ruling on June 23, 2026, permitting federal immigration agents to expedite the deportation of illegal immigrants who cannot demonstrate continuous residence in the United States for two years or more. Previously, expedited removals were limited to individuals detained at the border. The ruling is expected to increase the number of deportations, as many individuals affected by the order may not have the opportunity to contest their removal in court.
Department of Homeland Security (DHS) General Counsel James Percival expressed support for the decision, stating that the previous limitation on expedited removal was arbitrary. He noted that the ruling aligns with the law as written. The decision was made by a panel of three judges, two of whom were appointed by former President Trump. Judge Robert L. Wilkins, appointed by former President Obama, dissented, arguing that the ruling could lead to the wrongful deportation of individuals who have lived in the country for longer than two years without proper due process.
Judge Justin R. Walker, in the majority opinion, stated that Congress granted the president the authority to expand deportation policies. The Trump administration had previously directed Immigration and Customs Enforcement (ICE) to implement expedited removals for illegal immigrants residing in the interior of the country in January 2025, but a lower court had ruled against this policy change, citing concerns over due process.