Appeals court rules that Trump's asylum ban at the border is illegal
U.S. Supreme Court
An appeals court on Friday blocked President Donald Trump's executive order suspending asylum access at the southern border of the U.S., a key pillar of the Republican president's plan to crack down on migration.
A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit found that immigration laws give people the right to apply for asylum at the border, and the president can't circumvent that.
The court opinion stems from action taken by Trump on Inauguration Day 2025, when he declared that the situation at the southern border constituted an invasion of America and that he was "suspending the physical entry" of migrants and their ability to seek asylum until he decides it is over.
The panel concluded that the Immigration and Nationality Act doesn't authorize the president to remove the plaintiffs under "procedures of his own making," allow him to suspend plaintiffs' right to apply for asylum or curtail procedures for adjudicating their anti-torture claims.
"The power by proclamation to temporarily suspend the entry of specified foreign individuals into the United States does not contain implicit authority to override the INA's mandatory process to summarily remove foreign individuals," wrote Judge J. Michelle Childs, who was nominated to the bench by Democratic President Joe Biden.
"We conclude that the INA's text, structure, and history make clear that in supplying power to suspend entry by Presidential proclamation, Congress did not intend to grant the Executive the expansive removal authority it asserts," the opinion said.
The administration can ask the full appeals court to reconsider the ruling or go to the Supreme Court.
The order doesn't formally take effect until after the court considers any request to reconsider.
White House press secretary Karoline Leavitt, speaking on Fox News, said she had not seen the ruling but called it "unsurprising," blaming politically-motivated judges.
"They are not acting as true litigators of the law. They are looking at these cases from a political lens," she said.
Leavitt said Trump was taking actions that are "completely within his powers as commander in chief."
White House spokeswoman Abigail Jackson said the Department of Justice would seek further review of the decision. "We are sure we will be vindicated," she wrote in an emailed statement.
The Department of Homeland Security said it strongly disagreed with the ruling.
"President Trump's top priority remains the screening and vetting of all aliens seeking to come, live, or work in the United States," DHS said in a statement.
Aaron Reichlin-Melnick, senior fellow at the American Immigration Council, said that previous legal action had already paused the asylum ban, and the ruling won't change much on the ground.
The ruling, however, represents another legal defeat for a centerpiece policy of the president.
"This confirms that President Trump cannot on his own bar people from seeking asylum, that it is Congress that has mandated that asylum seekers have a right to apply for asylum and the President cannot simply invoke his authority to sustain," said Reichlin-Melnick.
Advocates say the right to request asylum is enshrined in the country's immigration law and say denying migrants that right puts people fleeing war or persecution in grave danger.
Lee Gelernt, attorney with the American Civil Liberties Union, who argued the case, said in a statement that the appellate ruling is "essential for those fleeing danger who have been denied even a hearing to present asylum claims under the Trump administration's unlawful and inhumane executive order."
Las Americas Immigrant Advocacy Center, one of the plaintiffs in the lawsuit, welcomed the court decision as a victory for their clients.
Related listings
-
Federal judge blocks Pentagon from labeling Anthropic a supply chain risk
U.S. Supreme Court 03/27/2026A federal judge has ruled in favor of artificial intelligence company Anthropic in temporarily blocking the Pentagon from labeling the company as a supply chain risk.U.S. District Judge Rita Lin on Thursday said she was also blocking enforcement of P...
-
Supreme Court won’t revive school’s transgender bathroom ban
U.S. Supreme Court 06/28/2021The Supreme Court on Monday rejected a Virginia school board’s appeal to reinstate its transgender bathroom ban. Over two dissenting votes, the justices left in place lower court rulings that found the policy unconstitutional. The case involved...
-
Supreme Court allows Ohio, other state voter purges
U.S. Supreme Court 06/13/2018The Supreme Court ruled Monday that states can clean up their voting rolls by targeting people who haven't cast ballots in a while.The justices rejected, by a 5-4 vote Monday, arguments in a case from Ohio that the practice violates a federal law int...
USCIS to Begin Accepting Applications under the International Entrepreneur Rule
U.S. Citizenship and Immigration Services (USCIS) announced today it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision.
Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018. This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.
However, a Dec. 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The Dec. 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.


