Federal Appeals Court Blocks Trump Asylum Ban at the Border
A federal appeals court has blocked an executive order issued by President Donald Trump that sought to suspend asylum access at the southern border, ruling that federal immigration law guarantees migrants the right to apply for protection and limits the president’s authority to override that process.
In a decision released Friday, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit found that the executive order is not authorized by federal law, specifically the Immigration and Nationality Act. The judges wrote that while the president may restrict the entry of foreign nationals, that authority does not extend to eliminating the legal right to seek asylum. The ruling also states that the administration cannot bypass procedures Congress has required for reviewing those claims.
Trump signed the order on Inauguration Day 2025, declaring conditions at the southern border an “invasion” and announcing a suspension of both migrant entry and asylum processing until further notice. The administration argued that federal law allows the president to block the entry of groups deemed harmful to national interests and that the action was within that authority.
Writing for the majority, Judge J. Michelle Childs stated that the statute does not permit the executive branch to create its own removal process outside the one Congress established. The law sets out required steps for handling asylum and related claims, including protections against sending people to countries where they may face persecution or torture.
Federal law allows individuals who are already in the United States or at its border to request asylum if they fear harm in their home country. People can seek protection, but approval is not guaranteed. The government must review each claim through interviews or hearings before making a decision. The court rejected the administration’s argument that these requirements can be set aside by presidential proclamation once a person reaches U.S. territory.
The case was brought by several immigration advocacy organizations. Lawyers with the American Civil Liberties Union argued that the executive order denied migrants the opportunity to present asylum claims, placing individuals fleeing violence or persecution at risk.
Judge Justin Walker wrote a partial dissent, stating that while immigrants are protected from being sent to countries where they face persecution, the administration may have broader authority to deny asylum applications. He also agreed that the government cannot remove individuals without following the procedures required by law.
White House officials said the Department of Justice plans to seek further review, either by asking the full appellate court to reconsider or by appealing to the Supreme Court of the United States.
The ruling will not take effect immediately while the court considers any request for further review. The asylum restrictions had already been paused under earlier court orders.
