Immigration

Federal judge blocks deportations of illegal immigrants in the US

Jia Cobb rejected Donald Trump's fast-track decree to send back those who enter the country without permission: 'Violation of the Fifth Amendment'.

30 August 2025

Un cartello dell’ufficio di New York dell’Immigration and Customs Enforcement (ICE) è visibile presso il Jacob K. Javitz Federal Building. Michael M. Santiago/Getty Images/AFP

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Key points

The arguments
Previous situation

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A US federal judge has temporarily blocked the Trump administration from carrying out swift deportations of undocumented migrants detained within the United States.

The decision, which came late Friday night, represents a setback to the Republican administration's efforts to expand the use of the federal Expedited Deportation Act to quickly deport illegal immigrants in the country without first appearing before a judge.

President Donald Trump promised to mount a massive deportation operation during his 2024 campaign if voters reappointed him to the White House. And he has set a goal of carrying out1 million expulsions per year during his second term.

But U.S. District Judge Jia Cobb in Washington suggested that the Trump administration's extensive use of expedited deportation of migrants is trampling on the due process rights of individuals.

The arguments

"In defending this bare procedure, the government advances a truly astonishing argument: those who entered the country illegally are not entitled to any proceedings under the Fifth Amendment, but must instead accept any concessions granted by Congress," Cobb wrote in a 48-page opinion. "If this were the case, not only non-citizens, but everyone would be at risk."

The Department of Homeland Security announced shortly after Trump took office in January that it would expand the use of expedited removal, the fast-track deportation procedure for undocumented migrants who have been in the US for less than two years.

The initiative triggered legal actions by the American Civil Liberties Union and immigrant rights groups.

The previous situation

Prior to the Trump administration's initiative to extend these expedited deportations, expedited deportation was only used for migrants apprehended within 100 miles of the border and who had been in the US for less than 14 days. Cobb, appointed by former President Joe Biden, did not question the constitutionality of the Expedited Deportation Act, nor its application at the border. "It merely states that, in applying the law to a large group of persons residing in the interior of the country who have not previously been subject to expedited deportation, the government must ensure that they receive due process," he wrote.

Still Judge Cobb

Earlier this month, Cobb agreed to temporarily block the Trump administration's efforts to expand expedited deportations of immigrants who entered the US legally through a procedure known as humanitarian parole, a ruling that could benefit hundreds of thousands of people.

In that case, the judge stated that Homeland Security exceeded its statutory powers in an attempt to extend expedited deportation for many immigrants. The judge stated that these immigrants are facing dangers that outweigh any harm from 'pausing' the administration's plans.

Since May, US Immigration and Customs Enforcement agents have positioned themselves in corridors to arrest people after judges accepted government requests to dismiss deportation cases. After the arrests, the government restarts deportation proceedings, but with the authority to expedite.

Although accelerated deportations can be suspended by submitting an asylum application, people may not be aware of this right and, even if they are, they may be quickly deported if they do not pass an initial screening.