American Systems•2 MIN READ

A Federal Appeals Court Just Cleared the Way to Deport Undocumented Immigrants Nationwide Without a Hearing

Erin Calloway

Updated Jun 29, 2026

A federal appeals court cleared the way on June 23 for the Trump administration to deport undocumented immigrants anywhere in the United States without an immigration hearing - the most significant legal green light the mass deportation program has received.

What You Should Know

A divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit voted 2-1 to overturn a 2025 lower court ruling that had blocked the administration’s expanded use of ‘expedited removal.’ That process allows immigration officers to order deportations quickly, without a standard review before an immigration judge.

Previously, expedited removal was limited to people caught near the border shortly after crossing. In January 2025, President Trump expanded it to any undocumented person anywhere in the country. The two majority judges - Justin R. Walker and Neomi Rao - are both Trump appointees. The dissenting judge was appointed by President Obama.

The System Under Pressure

In his dissent, the Obama-appointed judge noted that the administration had acknowledged in its own court filings deporting people who had lived in the U.S. for longer than two years - longer than the legal threshold that triggers expedited removal eligibility. That means people who had a legal right to a hearing received none.

The ACLU, which represented the plaintiffs, called the ruling a threat to ‘the fundamental principle that people receive due process when the government seeks to deport them.’ The majority held that as long as migrants are given a ‘brief but reasonable opportunity’ to show documentation, the constitutional floor had been met.

The Receipts

NPR, PBS NewsHour, and the Philadelphia Inquirer all confirmed the ruling and its scope. The 2-1 court opinion is official record. The administration’s March court filing acknowledged procedural errors had occurred. The ACLU statement was issued after the ruling.

What Happens Next

The ACLU has indicated it will pursue further legal options. The case could go to the full D.C. Circuit for en banc review or be appealed to the Supreme Court. For now, ICE can resume nationwide fast-track deportations immediately without waiting for further court action.

References: NPR | PBS NewsHour | Philadelphia Inquirer