Appeals court rules that Trump’s asylum ban at the border is illegal

WASHINGTON, United States 

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.