Overview
- A 2–1 D.C. Circuit panel declined to stay a district court order, keeping the expansion of expedited removal on hold nationwide.
- The majority found the administration unlikely to show its procedures satisfy Fifth Amendment protections and warned of erroneous summary removals.
- U.S. District Judge Jia Cobb’s August 29 ruling had blocked DHS from applying the policy to noncitizens present in the country for under two years.
- The panel temporarily allowed officials to continue using existing credible-fear screening practices while the appeal proceeds.
- A hearing on the merits is set for December 9, and the administration’s bid to extend fast-track removals beyond border areas remains paused.