Nationwide expedited-removal expansion

Status: In effect now — Make the Road New York v. Mullin (D.C. Cir. No. 25-5320; D.D.C. No. 1:25-cv-00190)

In effect — D.C. Circuit lifted the block (2-1) on June 23, 2026; underlying case still being litigated

Next step: Plaintiffs (ACLU/NYCLU) said they are weighing next steps — a petition for D.C. Circuit en banc rehearing or Supreme Court review is possible but not confirmed filed as of June 26, 2026; the underlying merits case continues in the D.D.C. No date set.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

In effect — D.C. Circuit lifted the block (2-1) on June 23, 2026; underlying case still being litigated

Who it affects

Noncitizens already physically inside the U.S. who entered without admission or parole and cannot prove at least two years of continuous presence. The restored 2025 rule lets DHS place them in expedited removal — summary deportation without a hearing before an immigration judge — anywhere in the country’s interior, not only near the border.

How it got here

  1. Jan 21, 2025 DHS Acting Secretary signs notice "Designating Aliens for Expedited Removal," effective 6:00 p.m. EST that day, expanding expedited removal to the interior for noncitizens who cannot prove two years' continuous presence.
  2. Aug 29, 2025 U.S. District Judge Jia Cobb grants plaintiffs' motion to stay the agency action, finding the expansion likely violates Fifth Amendment due process and blocking it nationwide pending litigation.
  3. Jun 23, 2026 D.C. Circuit, 2-1 (Walker, joined by Rao; Wilkins dissenting in part), vacates Judge Cobb's stay, holding plaintiffs not likely to succeed on due-process merits under Mullane; expedited-removal expansion restored nationwide.

What to watch next

Plaintiffs (ACLU/NYCLU) said they are weighing next steps — a petition for D.C. Circuit en banc rehearing or Supreme Court review is possible but not confirmed filed as of June 26, 2026; the underlying merits case continues in the D.D.C. No date set.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.