A U.S. judge has blocked President Donald Trump administration from expanding a procedure that allows authorities to swiftly deport migrants without a court hearing, dealing a blow to the president’s mass deportation plans.
U.S. District Judge, Jia Cobb ruled that the expanded use of the procedure, known as “expedited removal,” could lead to people being erroneously deported without due process
The procedure allows federal immigration officials to quickly deport certain migrants without allowing them to see an immigration judge, unless they claim asylum and pass an interview with a U.S. asylum officer.
Judge Cobb blocked the expansion of the procedure, which was applied to migrants who have been in the U.S. for up to two years and could be used anywhere in the country, not just near the border.
The judge emphasised that the court was not casting doubt on the constitutionality of the expedited removal statute, but the procedures currently in place fell short of affording due process to those affected.
Judge Cobb criticised the government’s argument, stating that “those who entered the country illegally were entitled to no process under the Fifth Amendment” would put not only non-citizens but everyone at risk.
She quoted the Constitution, which guaranteed that “no person shall be removed from the United States without opportunity, at some time, to be heard”.
The Trump administration had expanded the use of expedited removal as part of its mass deportation programme, which had been restricted by numerous court rulings.
The ruling was in a case brought by Make The Road New York, a rights group supporting migrants.
