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No due process guarantee in fast-track removal proceedings, Trump administration argues

The policy targets immigrants in the U.S. interior without legal status under two years, defended as authorized by Congress despite constitutional due process challenges.

  • On Tuesday the Trump administration defended its fast-track deportation rule before the U.S. Court of Appeals for the D.C. Circuit, with DOJ arguing Congress authorized expedited removal and some noncitizens lack due-process protections.
  • Interior application of expedited removal began in January, with Make the Road New York and Anand Balakrishnan challenging its constitutionality, arguing it violates due process.
  • Court members pressed officials on notice adequacy and timing, with DOJ attorney Drew Ensign arguing statutes authorize expedited removal while judges debated if removal notices must explain rights to noncitizen immigrants.
  • The case remains stayed in lower court as the U.S. appeals court in late November declined to pause a district court injunction, with Democratic attorneys general supporting the challengers.
  • Advocates describe the expansion as central to a broader removal agenda, with Judge Justin R. Walker skeptical the government must provide full notice and advocacy groups saying simple information would reduce errors.
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No due process guarantee in fast-track removal proceedings, Trump administration argues

The front entrance of the E. Barrett Prettyman U.S. Courthouse in Washington, D.C., which houses the U.S. Court of Appeals for the D.C. Circuit. (Jennifer Shutt/States Newsroom)WASHINGTON — The Trump administration Tuesday defended the merits of its fast-track deportation policy before a panel of judges in the U.S. Court of Appeals for the D.C. Circuit, saying immigrants who have been in the country for less than two years without legal authoriz…

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arkansasadvocate.com broke the news in on Tuesday, December 9, 2025.
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