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Appeals court clears way for U.S. to reopen border for asylum seekers
A federal appeals court found Trump’s declaration of an “invasion” at the U.S.-Mexico border was illegal, effectively reopening the U.S. to migrants seeking asylum.
Link to tweet
https://www.washingtonpost.com/immigration/2026/04/24/court-border-asylum-trump
A federal appeals court ruled Friday that President Donald Trump's declaration of an "invasion" at the U.S.-Mexico border was illegal, effectively clearing the way to reopen the United States to migrants seeking asylum.
It was not clear when asylum processing would resume, and the Trump administration is likely to appeal the decision. The Justice Department did not immediately respond to a request for comment.
Trump issued the proclamation, "Guaranteeing the States Protection Against Invasion," on the first day of his second term, barring entry to asylum seekers for public safety, health and economic reasons "until I issue a finding that the invasion at the southern border has ceased." Since then, Border Patrol apprehensions have fallen to the lowest levels in decades after spiking to record highs under the Biden administration.....
"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 from the U.S. Court of Appeals for the District of Columbia Circuit said.....
"The court's opinion does not mean there are now open borders, but only that the United States will no longer be one of the few countries in the world who after World War II does not provide a hearing for those fleeing persecution," said Lee Gelernt, the American Civil Liberties Union attorney who argued the appeal. "The court properly made clear that the president cannot simply waive away the laws enacted by Congress."
It was not clear when asylum processing would resume, and the Trump administration is likely to appeal the decision. The Justice Department did not immediately respond to a request for comment.
Trump issued the proclamation, "Guaranteeing the States Protection Against Invasion," on the first day of his second term, barring entry to asylum seekers for public safety, health and economic reasons "until I issue a finding that the invasion at the southern border has ceased." Since then, Border Patrol apprehensions have fallen to the lowest levels in decades after spiking to record highs under the Biden administration.....
"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 from the U.S. Court of Appeals for the District of Columbia Circuit said.....
"The court's opinion does not mean there are now open borders, but only that the United States will no longer be one of the few countries in the world who after World War II does not provide a hearing for those fleeing persecution," said Lee Gelernt, the American Civil Liberties Union attorney who argued the appeal. "The court properly made clear that the president cannot simply waive away the laws enacted by Congress."
trump does not have the power to outlaw asylum by executive order. Only Congress can change this. trump will appeal.
3 replies
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Only congress has this power. I am also surprised that it took 15 months to get this ruling
Link to tweet
In a case we filed a brief in, the DC Circuit just found that the president acted illegally by attempting to suspend ALL IMMIGRATION LAW for people arrested by Border Patrol. It was so blatantly obvious from the start that he had no power to do this, but it's taken 15 months!
trump issued an executive order that banned asylum without congressional approval. It took 15 months but a divided court struck down this executive order
Link to tweet
https://www.cnn.com/2026/04/24/politics/trump-migrant-claiming-asylum-rejected-appeals-court
A divided federal appeals court on Friday rejected President Donald Trump’s effort to unilaterally bar migrants who cross the US-Mexico border from seeking asylum, teeing up a likely showdown over the policy at the Supreme Court.
The 2-1 decision is a major defeat for a signature component of Trump’s immigration agenda. Administration officials repeatedly cited a proclamation the president issued on his first day back in office that sought to end asylum by any means when touting a sharp decline in unlawful crossings along the Southern border.
But the DC Circuit Court of Appeals said that proclamation and the federal rules stemming from it ignored laws Congress enacted, including the Immigration and Nationality Act.
“Barring foreign individuals who are physically present in the United States from applying for asylum and, if they make the statutory showing that they are eligible, from being considered to receive it cannot be squared with the statute,” wrote Judge Michelle Childs, an appointee of former President Joe Biden, in the decision. She was joined by Judge Nina Pillard, a Barack Obama appointee.
The 2-1 decision is a major defeat for a signature component of Trump’s immigration agenda. Administration officials repeatedly cited a proclamation the president issued on his first day back in office that sought to end asylum by any means when touting a sharp decline in unlawful crossings along the Southern border.
But the DC Circuit Court of Appeals said that proclamation and the federal rules stemming from it ignored laws Congress enacted, including the Immigration and Nationality Act.
“Barring foreign individuals who are physically present in the United States from applying for asylum and, if they make the statutory showing that they are eligible, from being considered to receive it cannot be squared with the statute,” wrote Judge Michelle Childs, an appointee of former President Joe Biden, in the decision. She was joined by Judge Nina Pillard, a Barack Obama appointee.