US Appeals Court Rules Trump’s Border Asylum Ban Illegal, Upholds Lower Court Block

A US appeals court on Friday ruled that President Donald Trump’s executive order suspending asylum access at the southern border is unlawful, affirming a lower court decision that had already blocked the policy from taking effect.

A three-judge panel of the US Court of Appeals for the District of Columbia Circuit held that the Immigration and Nationality Act (INA) clearly grants individuals physically present at the border the right to apply for asylum and that the executive branch cannot bypass mandatory statutory procedures through unilateral action.

The court found that the administration’s policy, issued as part of a broader immigration crackdown, attempted to deny asylum seekers access to established legal processes, including protections against removal to countries where they could face persecution or torture. Judges said such authority must come from Congress, not presidential proclamation.

The ruling stems from Trump’s Inauguration Day 2025 directive , which declared a national emergency at the US-Mexico border and suspended asylum processing for migrants entering without authorization , arguing it was necessary to address an “invasion” and border security concerns.

In its opinion, the majority—Judges J. Michelle Childs and Cornelia Pillard—concluded that federal law does not allow the president to create summary removal procedures of his own design or eliminate the right to apply for asylum.

Judge Justin Walker, a Trump appointee, issued a partial dissent , agreeing in part that the government cannot remove protections against persecution but disagreeing with the majority’s broader interpretation of the asylum suspension’s illegality.

Civil liberties groups welcomed the decision. ACLU attorney Lee Gelernt said the ruling ensures that migrants fleeing danger cannot be denied even a basic hearing to present asylum claims, calling the policy a violation of established asylum rights under US law .

The ruling is expected to escalate further, with the Trump administration likely to seek review from a larger appellate panel or the US Supreme Court. For now, enforcement of the asylum suspension remains blocked nationwide.