A US judge has halted the Trump’s administration’s efforts to significantly expand a procedure for swiftly deporting migrants without a court hearing, dealing a setback to the president’s mass deportation plans.

The process known as “expedited removal” was previously limited to quickly deporting migrants detained near the Mexican border who had entered the US within the last two weeks. However, since January the Trump administration extended this measure nationwide, applying it to migrants who have been in the US for up to two years.

US District Judge Jia Cobb ruled against this broader application, citing concerns that it could result in the wrongful deportation of individuals without due process, including the opportunity to prove their longer residency in the country.

In her 48-page opinion, Cobb noted the significant difference between the traditional expedited removal group those apprehended shortly after crossing border and the newly targeted individuals who had already established their presence in US.

Cobb criticised the government’s argument that individuals who entered the country illegally are not entitled to due process under the Fifth amendment stating, “Were that right, not only noncitizens, but everyone would be at risk”.

This ruling came in as a response to a lawsuit filed by Make The Road New York, a rights group advocating for migrants. While Cobb affirmed the constitutionality of the expedited removal statute at the border she also emphasised the importance of due process for all individuals.

Former President Trump, who pledge to deport millions of undocumented migrants upon returning to the White House has faced numerous legal challenges to his mass deportation policies, particularly concerning the rights of those targeted.

Cobb also referenced the Constitution, which ensures that “no person shall be removed from the United States without opportunity, at some time to be heard”.