The DC Circuit Court of Appeals on Friday blocked President Trump’s policy barring illegal aliens from seeking asylum.
In February 2025, the anti-American ACLU and Las Americas Immigrant Advocacy Center sued the Trump Administration over its asylum policy.
A federal judge last July blocked President Trump’s policy banning illegals who cross the border from seeking asylum.
US District Judge Randolph Moss, an Obama appointee, said President Trump does not have the authority to bypass immigration law that Congress has enacted.
President Trump appealed Judge Moss’s decision.
On Friday, the DC Circuit Court of Appeals sided with the lower court and blocked Trump’s asylum policy.
The three-judge panel voted 2-1 to block Trump’s asylum policy.
Judge J. Michelle Childs (Biden) and Judge Cornelia Pillard (Obama) voted against Trump. Judge Justin Walker (Trump) dissented in part.
“We conclude that the [Immigration and Nationality Act’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,” Judge Childs wrote for the majority, according to CBS News.
“The Proclamation and Guidance are thus unlawful to the extent that they circumvent the INA’s removal procedures and cast aside federal laws affording individuals the right to apply and be considered for asylum or withholding of removal protections,” Childs added.
CBS News reported:
A federal appeals court on Friday blocked President Trump’s directive suspending access to asylum and other legal protections for migrants unlawfully crossing the southern border.
A divided panel of three judges on the U.S. Court of Appeals for the District of Columbia Circuit ruled that federal immigration law does not allow the president to deport migrants under new summary removal proceedings implemented by the Trump administration or to suspend their right to apply for asylum.
Judge J. Michelle Childs authored the decision for the two-judge majority. She was joined by Judge Cornelia Pillard. Judge Justin Walker concurred in part but dissented from the court’s conclusion on the legality of Mr. Trump’s directive to effectively close the asylum system at the U.S.-Mexico border.
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