D.C. Circuit Vacates Stay, Allowing DHS’s Nationwide ‘Expedited Removal’ Designation to Take Effect (Decision June 23, 2026)

On June 23, 2026, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion in *Make the Road New York, et al. v. Markwayne Mullin, Secretary of the U.S. Department of Homeland Security, et al.* (No. 25-5320).

The case involves a DHS policy sometimes called "expedited removal" — a process that can allow immigration officers to order certain people removed from the United States without a hearing before an immigration judge.

What the court decided (procedural step)

In this June 23 decision, the D.C. Circuit vacated a district court stay (a pause) that had been issued under 5 U.S.C. § 705.

That means the stay that had been stopping DHS from implementing the challenged designation was lifted, while the larger lawsuit continues.

What DHS’s 2025 designation covers (as described by the court)

The court described DHS’s 2025 designation as authorizing expedited removal nationwide for certain noncitizens who cannot demonstrate at least two years of continuous physical presence in the United States.

The opinion explains that, under the designation, DHS may place someone in expedited removal if the person is inadmissible because they:

• lack valid documentation, or
• entered by fraud or willful misrepresentation,

and the person has not been admitted or paroled and has not affirmatively shown to the satisfaction of an immigration officer that they have been continuously present in the U.S. for the two years immediately preceding the inadmissibility determination.

What this means for you

• If you are in removal proceedings or have had recent contact with immigration enforcement, this is a reminder that enforcement policies can change quickly through litigation.
• If you have been in the U.S. for less than two years, maintaining clear records that show your time in the United States may be especially important.
• If you are unsure how a policy change could affect you or a family member, it may be worth getting legal guidance about your specific facts.

This post is general information, not legal advice.

We can help

Asal Immigration Services helps Columbus-area clients understand how immigration policy changes may affect real-life options and next steps. If you want to discuss your situation, you can [contact us](/contact) to schedule a consultation. You can also review our [resources](/resources) and [forms and guides](/forms).

Authoritative source: U.S. Court of Appeals for the D.C. Circuit opinion (June 23, 2026): https://media.cadc.uscourts.gov/opinions/docs/2026/06/25-5320-2179963.pdf