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 — the D.C. Circuit vacated the district court's block (2-1) on June 23, 2026, and on July 17, 2026 granted the government's motion to stay the district court's order pending appeal while denying its request to issue the mandate early. The case is not over: Make the Road New York filed a petition for rehearing en banc on July 27, 2026, the government filed its response on August 17, 2026, and as of September 1, 2026 the D.C. Circuit had not ruled on the petition. The underlying merits case continues in the district court.

Next step: The D.C. Circuit's ruling on Make the Road New York's petition for rehearing en banc. The petition was filed July 27, 2026 and the government's response was filed August 17, 2026; no ruling had issued as of September 1, 2026, and the court has not issued its mandate. The underlying merits case continues in the district court. No date is set for either.

Last editorial review: 2026-09-01 — status can change with a single court ruling. Official source.

What’s happening

In effect — the D.C. Circuit vacated the district court’s block (2-1) on June 23, 2026, and on July 17, 2026 granted the government’s motion to stay the district court’s order pending appeal while denying its request to issue the mandate early. The case is not over: Make the Road New York filed a petition for rehearing en banc on July 27, 2026, the government filed its response on August 17, 2026, and as of September 1, 2026 the D.C. Circuit had not ruled on the petition. The underlying merits case continues in the district court.

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.
  4. Jul 17, 2026 The D.C. Circuit grants the government's motion to stay the district court's order pending appeal and denies its request to issue the mandate early (per curiam order; Judges Wilkins, Rao and Walker).
  5. Jul 27, 2026 Make the Road New York files a petition for rehearing en banc, asking the full D.C. Circuit to rehear the June 23 panel decision.
  6. Aug 17, 2026 The government files its response to the petition for rehearing en banc. The petition is fully briefed; as of September 1, 2026 the D.C. Circuit has not ruled on it and has not issued its mandate.

What to watch next

The D.C. Circuit’s ruling on Make the Road New York’s petition for rehearing en banc. The petition was filed July 27, 2026 and the government’s response was filed August 17, 2026; no ruling had issued as of September 1, 2026, and the court has not issued its mandate. The underlying merits case continues in the district court. No date is set for either.

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.