Expanded Deportation Powers
D.C. Circuit Expands Expedited Removal Nationwide, Supreme Court Boosts Border Powers
Key Points
The DC Circuit majority held that expedited removal can be applied 'to the maximum extent allowed by Congress,' extending the process beyond border apprehensions to non-citizens detained anywhere in the U.S. who cannot prove two years of continuous presence, with migrants given notice and a chance to object (including showing two years’ residence).
Dissenting Judge Robert L. Wilkins warned that expanding interior expedited removal risks deporting people who have already lived in the United States for more than two years, arguing the panel’s decision may not satisfy due process for interior enforcement even if it aligns with border concerns.
The Supreme Court’s decision in the Lau case held that border officers do not need clear and convincing evidence that a returning green-card holder committed a crime involving moral turpitude to classify them as an applicant for admission, effectively broadening readmission powers.
Justice Ketanji Brown Jackson dissented in the Lau decision, expressing concern that the ruling could create an 'immigration limbo' and give the government a 'massive blank check' in immigration enforcement, signaling ongoing disagreements within the Court on due-process impacts.
Two major rulings on June 23, 2026 handed the Trump administration sweeping new powers to deport immigrants fast — and strip protections from green-card holders. A D.C. Circuit panel voted 2-1 to reinstate nationwide "expedited removal," a process that can remove non-citizens within days or hours, without an immigration judge, according to The Guardian. Hours later, the Supreme Court ruled 6-3 that border officers do not need hard evidence of a crime to treat a returning green-card holder as a foreign applicant seeking entry for the first time.
Together, the decisions could affect an estimated 13 million lawful permanent residents and millions more living in the U.S. interior, according to Al Jazeera. Critics call it a recipe for mass deportation with almost no legal safeguards. Supporters say it restores the executive branch's lawful authority to enforce immigration law.
Fast-Track Deportations Can Now Reach Deep Into the U.S.
Expedited removal lets immigration officers deport someone without a hearing before a judge. It was created in 1996 but was mostly used near the border. President Trump signed an executive order in January 2025 to expand it nationwide. A federal district judge blocked that expansion in August 2025, saying it violated due process. On Monday, the D.C. Circuit reversed that block, according to The Guardian.
Judge Justin Walker wrote the majority opinion. He said the administration can apply expedited removal "to the maximum extent allowed by Congress." Under the ruling, any non-citizen who cannot prove two continuous years of U.S. residence is at risk. Officers give migrants a chance to object and show proof — but the process can still conclude within hours, WSAU reported.
Dissenting Judge Warns of Deporting Long-Time Residents by Mistake
Judge Robert L. Wilkins voted against the majority. He warned that expanding expedited removal into the interior risks deporting people who have actually lived in the U.S. for more than two years — people with deep roots, families, and jobs. His concern: an ICE officer making a "spot judgment" on residency is far more error-prone than a border encounter, where the facts are usually simpler.
Civil rights groups share that alarm. They argue that many long-time residents cannot quickly produce two years' worth of leases or tax returns during a roadside stop. Advocacy organizations like Make the Road New York say the ruling eliminates any meaningful chance to be heard before removal, turning a procedural shortcut into a tool for wrongful deportation.
Supreme Court Gives Officers Power to Question Green-Card Status at the Border
The Supreme Court's ruling in Blanche v. Muk Choi Lau redefined what rights a returning green-card holder has. Lau, a 69-year-old who has held a green card since 2007, was stopped over a 2012 trademark counterfeiting accusation involving $282,240 in counterfeit goods. His case wound through courts for 14 years before reaching the Supreme Court, according to Daily Signal.
Justice Clarence Thomas wrote for the 6-3 majority. He said border officers only need to make a "quick judgment" — not meet a "clear and convincing evidence" standard — to treat a returning resident as an applicant for admission rather than an existing permanent resident. That label change matters enormously: it can strip work authorization and trigger mandatory detention, even if charges are later dropped, Mercury News reported.
Justice Jackson Warns of 'Immigration Limbo' for Legal Residents
Justice Ketanji Brown Jackson led the three-justice dissent. She wrote that the ruling gives the government a "massive blank check" in immigration enforcement. Her core concern: a green-card holder can lose their status and be held in legal limbo based on nothing more than an accusation — before any court has found them guilty of anything.
DHS Secretary Markwayne Mullin's counsel called the Lau decision "a big win" for operational efficiency, according to Al Jazeera. Legal scholars warn the practical result is a two-tier system where 13 million green-card holders now face a lower standard of protection when returning from any trip abroad. Advocacy groups say the next legal fight will focus on "as-applied" due process challenges for people with deep ties to the U.S.
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