Cobb, in her ruling in a case brought by civil rights groups, wrote that “in defending this skimpy process, the Government makes a truly startling argument: that those who entered the country illegally are entitled to no process under the Fifth Amendment, but instead must accept whatever grace Congress affords them. Were that right, not only noncitizens, but everyone would be at risk.”
Cobb, who was appointed President Joe Biden, said she was not questioning the constitutionality of the expedited removal statute and its “long-standing application” in border control. But she said that “in applying the statute to a huge group of people living in the interior of the country who have not previously been subject to expedited removal, the Government must afford them due process.”
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