Appeals court blocks White House bid, rules president cannot suspend asylum at the border

A federal appeals court ruled Friday that President Donald Trump cannot use a Day 1 “invasion” proclamation to shut down asylum at the southern border. (media.cadc.uscourts.gov) (cbsnews.com) The 2-1 decision from the U.S. Court of Appeals for the District of Columbia Circuit affirmed a lower-court ruling by U.S. District Judge Randolph Moss. Judge J. Michelle Childs wrote the opinion, joined by Judge Cornelia Pillard, while Judge Justin Walker dissented in part. (media.cadc.uscourts.gov) Trump signed the proclamation on January 20, 2025, declaring that conditions at the southern border amounted to an invasion and suspending the entry of migrants covered by the order. The administration then used guidance to block many migrants from applying for asylum or withholding of removal. (media.cadc.uscourts.gov) (cbsnews.com) The appeals court said Congress, not the president acting alone, wrote the rules for who may apply for asylum once they are in the United States. The panel said the proclamation and its implementing guidance unlawfully bypassed the Immigration and Nationality Act’s removal system and protections for people fearing persecution or torture. (media.cadc.uscourts.gov) (assets.aclu.org) That matters because asylum is the process people use to ask the U.S. government for protection from persecution in their home countries. Withholding of removal is a narrower safeguard that can still stop deportation when someone faces likely persecution or torture. (media.cadc.uscourts.gov) (cbsnews.com) Moss blocked the policy in July 2025 in a 128-page opinion, finding that neither the Immigration and Nationality Act nor the Constitution gave Trump the “sweeping authority” claimed in the proclamation. He paused his order for 14 days so the administration could appeal. (cbsnews.com) (nbcnews.com) The case was brought by asylum seekers and immigrant-rights groups including the Refugee and Immigrant Center for Education and Legal Services, known as RAICES, along with the American Civil Liberties Union and other advocates. The panel’s opinion lists Markwayne Mullin, in his official capacity as Homeland Security secretary, as the lead government defendant. (media.cadc.uscourts.gov) The administration can now ask the full D.C. Circuit to rehear the case or appeal to the Supreme Court. CBS News reported the White House said it would keep using “every lever of executive power” to secure the border. (cbsnews.com) For now, the court left in place a basic limit on presidential power in immigration cases: a proclamation can restrict entry, but it cannot erase asylum rights that Congress put into federal law. (courthousenews.com) (media.cadc.uscourts.gov)