Overview

• U.S. District Judge Jia Cobb blocked January directives that extended expedited removal to arrests anywhere in the country and to people present for up to two years.
• Cobb found the procedures likely violate due process, rejecting the government’s claim that those who entered illegally are owed no Fifth Amendment process as a “truly startling” position.
• The order bars use of expedited removal against migrants granted parole status.
• The injunction takes effect immediately after Cobb denied a government request for a short stay to prepare an appeal.
• The lawsuit was brought by Make the Road New York, with further appellate review expected.