Case: Make the Road New York v. Noem
1:25-cv-04455 | U.S. District Court for the District of District of Columbia
Filed Date: Dec. 19, 2025
Case Ongoing
Clearinghouse coding complete
Case Summary
This case challenges public and non-public guidance expanding expedited removal—the process through which low-level Department of Homeland Security (DHS) immigration officers summarily deport individuals from the U.S. without any meaningful review and with much less judicial review.
On December 19, 2025, Make the Road New York (MRNY), a non-profit community organization, previously challenged the expansion of expedited removal and a prior publicly-disclosed guidance memorandum in Make the Road New York v. Noem, No. 25-cv-00190. The plaintiffs, represented by the ACLU Immigrants’ Rights Project, then filed this current lawsuit in the U.S. District Court for the District of Columbia against DHS, the U.S. Department of Justice (DOJ), U.S. Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Protection (CBP) to challenge different guidance, issued on February 28, 2025 to "All ICE Employees" but made public in October 2025, as well as other undisclosed writings concerning the expansion (collectively, the “Guidance”).
MRNY described in their complaint that, previous to the Guidance, the standard was to provide all noncitizens within the U.S. borders with notice, access to counsel, opportunity to prepare, and a hearing when facing removal. Expedited removal was applied in limited circumstances to noncitizens seeking admission at a port of entry, those who had been apprehended near the border shortly after arrival, or those who arrived by sea. The complaint states that the February 28 Guidance greatly expanded the reach of expedited removal to individuals located inside U.S. borders by requiring them to bear the burden of showing continuous presence for two years without providing them meaningful time or opportunity to do so, and without consideration of family or communal ties. The Guidance also provided that ICE may terminate ongoing removal proceedings of current applicants and place them into expedited removal.
MRNY brought six claims against the defendants:
1) The Guidance deprived noncitizens of meaningful process before removal in violation of the Due Process Clause of the Fifth Amendment.
2) The Guidance violated the Immigration and Nationality Act (INA) and the Administrative Procedure Act (APA) because, pursuant to the INA, a person present in the interior should not be deemed inadmissible as they are within the U.S. borders, and therefore, expedited removal should not apply to these individuals. Consequently, the Guidance permitting expedited removal for such persons within the U.S. is not in accordance with the law against the APA.
3) The Guidance violated the procedural requirements of the APA and INA, as the INA requires meaningful process and minimal procedures to persons faced with expedited removal, and in foreclosing these procedures, the Guidance was therefore in excess of statutory authority and not in accordance with law.
4) The Guidance was arbitrary and capricious in violation of the APA.
5) DHS did not comply with the APA’s procedural requirement that agencies must generally provide public notice and opportunity to comment on legislative rules before their promulgation.
6) and the Guidance contravened the INA and APA by authorizing and directing the expedited removal of noncitizens who have filed affirmative asylum applications.
MRNY sought declaratory relief, an order staying the effective date of the Guidance, an order vacating the Guidance, and an order enjoining the defendants from applying the Guidance to noncitizens who had been present in the United States for more than 14 days or apprehended further than 100 miles from the border (and therefore effectively considered within the borders of the U.S.). The case was assigned to District Court Judge Jia M. Cobb.
On January 22, 2026, the case was consolidated with Make the Road New York v. Noem, No. 25-cv-00190, with 25-cv-00190 as the lead case. For updates regarding the status of this case, find them here on the Clearinghouse.
This case is ongoing.
Summary Authors
Madeline Dollard (8/6/2026)
Calvin OConnell (1/15/2026)
Related Cases
Make the Road New York v. Huffman, District of District of Columbia (2025)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72063598/parties/make-the-road-new-york-v-noem/
Balakrishnan, Anand (District of Columbia)
Choi, Grace (District of Columbia)
Galindo, Daniel Antonio (District of Columbia)
Goin, Lucia (District of Columbia)
Jadwat, Omar C. (District of Columbia)
Balakrishnan, Anand (District of Columbia)
Choi, Grace (District of Columbia)
Galindo, Daniel Antonio (District of Columbia)
Goin, Lucia (District of Columbia)
Jadwat, Omar C. (District of Columbia)
Mahfooz, Sidra (District of Columbia)
Russell, Morgan (District of Columbia)
Steinberg, Hannah Schoen (District of Columbia)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/72063598/make-the-road-new-york-v-noem/
Last updated Oct. 25, 2026, 3:48 a.m.
Docket for: MAKE THE ROAD NEW YORK v. NOEM
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: Dec. 19, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Make the Road New York (“MRNY”) is a nonprofit, membership-based community organization that works to empower and assist immigrants and their communities.
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
ACLU Immigrants' Rights Project
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
U.S. Citizenship and Immigration Services
U.S. Customs and Border Protection
U.S. Department of Homeland Security
U.S. Department of Justice
U.S. Immigration and Customs Enforcement
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Constitutional Clause(s):
Other Dockets:
District of District of Columbia 1:25-cv-04455
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Content of Injunction:
National / Universal injunction
Issues
Immigration/Border:
Case Summary of Make the Road New York v. Noem, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47526/ (last updated 1/15/2026).