The decision affects President Donald Trump's plans to carry out mass deportations of migrants who lack permission to be in the USA.
The fast track for deportations has been used for decades for individuals arrested near the Mexican border, if the arrest took place within two weeks of them crossing the border. However, since January, the Trump administration has expanded the application of the fast track to apply throughout the USA and up to two years after they entered the country.
Can result in incorrect decisions
Judge Jia Cobb has found in a review that the Trump administration's new application of the rules can result in incorrect deportation decisions, without judicial review. Among other things, she points to the risk that individuals who have been in the country for more than two years will not have the opportunity to prove it.
Promised mass deportations
Jia Cobb states in her 48-page decision that the fast track for deportations at the USA's southern border within two weeks of someone entering the country does not conflict with the constitution. She adds, however, that the US Constitution also guarantees that no one can be removed from the USA against their will without the opportunity, at some point, to present their arguments against the decision.
During the campaign for the 2024 presidential election, Donald Trump promised mass deportations of millions of migrants without permission to be in the country.