Lifts injunction issued by lower court.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit sided with President Trump’s Administration, ruling that the Department of Homeland Security did not have to go through federal rule-making procedures before expanding its fast-track deportation process.
The ruling lifts a preliminary injunction of a lower court that had sided with a trio of immigration rights groups and stopped the expansion nationwide in September. The lower court had said that Congress had not intended to give so much discretion to the Homeland Security Department.
But the D.C. Circuit majority pointed to how Congress had given the Secretary of Homeland Security “sole and unreviewable discretion” about whether to expand expedited removal. Since 2004, that had applied to immigrants encountered within 100 miles of a land border or within 14 days of an illegal crossing.
In the opinion, Judge Patricia Millett wrote, “There could hardly be a more definitive expression of congressional intent to leave the decision about the scope of expedited removal, within statutory bounds, to the Secretary’s independent judgment.”
As the Lord Leads, Pray with Us…
- For the Department of Homeland Security officials as they move toward expedited deportation of more illegal migrants.
- For Congress as they consider comprehensive immigration reform.
Sources: Roll Call, The Hill
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