The Trump administration’s request to stay a lower court ruling that stops the expansion of rapid deportation programs was denied by the U.S. Court of Appeals for the District of Columbia. Per the decision, the court stated the administration’s policies are in violation of due process rights. The appeals court upheld the lower court’s finding.

The proposed expansion, if allowed, would give the U.S. Department of Homeland Security (DHS) the authority to apprehend undocumented migrants anywhere in the U.S. who could not prove they had been in the country for a minimum of two years. The administration asked the appeals court to consider staying the lower court ruling while it appealed. The request was denied on the basis the systems and procedures do not adequately protect due process rights of affected migrants under the Fifth Amendment of the U.S. Constitution. The judges emphasized the likelihood of ‘erroneous summary removal’. The appeals court did stay the lower court’s finding on how immigration authorities are required to determine credible fear of being returned to their country of origin.

The program to rapidly remove undocumented migrants near the border has been in effect for over thirty years. The Trump administration expanded the program to anywhere in the United States. The appeal is set to be heard on December 9, 2025.

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