Overview
- U.S. District Judge Jia Cobb paused the January policy that extended expedited removal nationwide to people unable to prove two years’ presence and barred its use against migrants granted parole.
- Cobb ruled that noncitizens living in the interior have a weighty liberty interest in remaining in the country and must receive Fifth Amendment due process.
- In her opinion, Cobb called the government’s claim that certain migrants are entitled to no Fifth Amendment process a “truly startling” argument.
- The court highlighted enforcement tactics tied to the expansion, citing courthouse stakeouts and a stated goal of 3,000 arrests per day as risks for wrongful removal.
- The order took immediate effect after Cobb denied a two‑week stay sought to pursue appellate relief, and a DHS official criticized the ruling as ignoring presidential authority.