A federal appeals court on Tuesday upheld a Trump-era policy allowing expedited deportations nationwide, a decision immigrant advocates say could weaken due process protections for thousands of people, including many in New York.
The U.S. Court of Appeals for the District of Columbia Circuit sided with the Trump administration, restoring a 2025 policy that expands “expedited removal,” a process that allows immigration authorities to deport certain individuals without a hearing before an immigration judge.
Under the policy, Immigration and Customs Enforcement (ICE) officers can fast-track deportations of people suspected of being in the country without legal status if they cannot prove they have lived continuously in the United States for at least two years.
The ruling effectively reinstates a broader use of expedited removal beyond border regions, applying it nationwide.
Murad Awawdeh, president and CEO of the New York Immigration Coalition, criticized the decision, saying it creates unequal treatment under the law.
“Every immigrant in this country facing deportation is entitled to due process and a fair opportunity to make their case in front of a judge,” Awawdeh said in a statement. “Today’s ruling creates a two-tiered system of justice for immigrants simply because they have lived in the country for less than two years.”
Awawdeh warned the policy could put immigrants at risk of deportation without adequate opportunity to seek legal protection, particularly those unable to immediately provide proof of residency.
He also raised concerns about enforcement practices, saying the policy, combined with what he described as racially targeted arrests, could increase the risk of wrongful deportations and family separations.
“This policy moves us closer to a ‘show me your papers’ regime,” he said, urging Congress to intervene to restore due process protections and strengthen safeguards.
The New York Immigration Coalition, which represents more than 200 immigrant and refugee advocacy groups statewide, said the decision could have significant consequences for immigrant communities across New York, home to one of the largest and most diverse immigrant populations in the country.