Overview

• U.S. District Judge Jia Cobb paused a January directive that extended expedited removal nationwide to people unable to show two years’ presence in the country.
• Her 48-page opinion rejects the government’s claim that migrants who entered illegally lack constitutional process, calling the position “truly startling.”
• Cobb said the current procedures create a significant risk of erroneous removals for people arrested far from the border who may qualify for asylum or other relief.
• She denied the administration’s request to delay the order for two weeks, leaving the halt in effect immediately, and previously barred use of expedited removal against parolees.
• The case was brought by Make the Road New York with ACLU counsel, and DHS criticized the ruling as ignoring the president’s clear legal authority.