“Confirmed Judges, Confirmed Fears” is a blog series documenting the harmful impact of President Trump’s judges on Americans’ rights and liberties. It includes judges nominated in both his first and second terms.
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What’s at stake in this case?
Trump ordered nationwide implementation of fast-track deportation of numerous immigrants.
What happened in this case?
As part of his mass deportation plans, Trump ordered the use of a nationwide procedure for fast-track deportation without a hearing that had previously been used only with respect to people apprehended at the border. A pro-immigration group, Make the Road New York, filed a lawsuit to stop the new policy, and a DC district court issued a stay against it in August 2025. The government appealed to the DC Circuit.
Trump judges Justin Walker and Neomi Rao issued a 2-1 ruling in June that vacated the stay and allowed the nationwide expedited removal policy to go forward as the case proceeds. They wrote lengthy opinions that argued that Congress has delegated authority to the Executive to decide when expedited deportation is allowed and that the due process clause permits this exercise of authority by Trump. Obama judge Robert Wilkins dissented in the decision in Make the Road NY v Mullin.
Why did Judge Wilkins dissent?
Particularly for people already in the US, Judge Wilkins explained that the use of expedited removal clearly violates due process. A procedure that can result in deporting someone “without even being asked how long they have been in this country,” he went on, is “woefully inadequate” under past administrative and judicial precedent. The district court’s stay was correct, he concluded, and should have been continued.
Why is the ruling harmful?
The ruling by Trump judges Walker and Rao clearly harms immigrants and, particularly when considered in conjunction with recent Supreme Court decisions made possible by Trump justices, facilitates Trump’s efforts at mass deportation. It also illustrates the importance of our federal courts to health, welfare and justice and the significance of having fair-minded judges on the federal bench.