The D.C. Circuit has vacated a district court order staying DHS’s 2025 expansion of expedited removal. The challenged designation expanded expedited removal to the maximum statutory scope, covering unlawfully present noncitizens who cannot show at least two years of continuous presence in the United States.
The Court held that the plaintiffs were unlikely to succeed on their due process challenge. The Court rejected any argument that government officials must advise non-citizens about the two years presence requirement or that the failure to follow the law by individual immigration officers invalidates the expansion itself. The Court therefore vacated the district court’s nationwide APA stay. The Court left open the question of what, if any, remedy exists to address an officer who issues an expedited removal order even when a non-citizen can show two years of continuous presence, recognizing that the statutory scheme governing judicial review of expedited removal orders does not permit a court to examine if the non-citizen has been present for two years.
The full text of Make the Road New York v. Mullin can be found here: https://media.cadc.uscourts.gov/opinions/docs/2026/06/25-5320-2179963.pdf