Trump's border asylum suspension faces escalating court challenges

Overview

Updated May 31

For 45 years, the Refugee Act of 1980 has guaranteed that anyone reaching US soil—however they got there—can ask for asylum. On the first day of his second term, President Trump signed a proclamation declaring an 'invasion' at the southern border and suspending that right. A federal appeals court just ruled he cannot.

The DC Circuit's 2-1 decision affirms a lower-court injunction that has hung over the proclamation for nearly a year. The majority found that the Immigration and Nationality Act gives Congress, not the president, the authority to set the terms for asylum and removal. The Trump administration is now expected to ask the Supreme Court to decide whether the executive branch can shut the asylum system unilaterally.

Why it matters

The case will decide whether a president can switch off a 45-year-old refugee statute by declaring a border emergency.

Questions about this story

Free account needed to ask — your question is kept and asked for you right after sign-up. Answers are public.

No questions yet — be the first to ask.

Key Indicators

2-1

DC Circuit panel split

Two Biden appointees in the majority; one Trump appointee dissented in part.

128

Pages in lower court ruling

District Judge Randolph Moss's July 2025 opinion striking down the proclamation.

1980

Refugee Act in force since

Codified the right of anyone on US soil to apply for asylum, regardless of how they entered.

237,538

FY2025 border encounters

Lowest annual total since 1970, down from 1.5 million the prior fiscal year.

93%

Year-over-year drop

Decline in southwest border apprehensions reported by DHS for early FY2026.

Voices

Curated perspectives — historical figures and your fellow readers.

Ever wondered what historical figures would say about today's headlines?

People Involved

Donald Trump

President of the United States

Appealing the DC Circuit ruling

J. Michelle Childs

Judge, US Court of Appeals for the DC Circuit

Authored majority opinion blocking the proclamation

Cornelia Pillard

Judge, US Court of Appeals for the DC Circuit

Joined majority opinion

Justin Walker

Judge, US Court of Appeals for the DC Circuit

Dissented in part

Randolph Moss

Judge, US District Court for the District of Columbia

Issued underlying injunction

Lee Gelernt

Deputy Director, ACLU Immigrants' Rights Project

Lead litigator for the plaintiffs

Organizations Involved

U.S. Court of Appeals for the District of Columbia Circuit

Federal appellate court

Affirmed injunction against the asylum proclamation

The federal appeals court that hears most challenges to executive branch actions, often called the second-most-important court in the country.

RAICES

Immigrant rights nonprofit

Lead plaintiff

The Refugee and Immigrant Center for Education and Legal Services, a Texas-based nonprofit that represents asylum seekers.

U.S. Department of Homeland Security (DHS)

Federal Agency

Implementing agency for the proclamation

The cabinet department that runs Customs and Border Protection and Immigration and Customs Enforcement.

Department of Justice

Federal Agency

Signaled intent to seek further review after DC Circuit loss

Represents the federal government in federal court and decides whether to seek Supreme Court review.

Timeline

January 2025 April 2026

5 events Latest: April 24th, 2026 · 5 months ago

Tap a bar to jump to that date

April 2026
DC Circuit affirms the injunction 2-1
Latest Legal

Judges Childs and Pillard rule the INA gives Congress sole authority over asylum and removal procedures. Judge Walker dissents in part. The Trump administration can now seek en banc review or appeal to the Supreme Court.
April 24th, 2026
November 2025
DC Circuit hears oral arguments
Legal

A three-judge panel hears the administration's appeal. Judges signal skepticism of the claim that the president can suspend an act of Congress.
November 3rd, 2025
July 2025
Judge Moss strikes down the proclamation
Legal

In a 128-page opinion, US District Judge Randolph Moss rules the president cannot create an alternative immigration system that supplants the INA. He certifies a class of all affected migrants.
July 2nd, 2025
February 2025
RAICES and other groups sue
Legal

Immigrant rights organizations file suit in the DC district court, arguing the proclamation conflicts with the Immigration and Nationality Act.
February 1st, 2025
January 2025
Trump signs asylum suspension proclamation on Inauguration Day
Executive Action

Within hours of his second inauguration, Trump declares an 'invasion' at the southern border and orders the suspension of asylum processing for migrants entering between ports of entry.
January 20th, 2025

Scenarios

Supreme Court takes the case and reverses

Possible

Discussed by: SCOTUSblog, conservative legal scholars at the Federalist Society

The administration petitions for certiorari and the Court agrees to hear the case in its 2026-2027 term. The conservative majority that upheld Trump's first-term travel ban under INA §212(f) extends similar deference here, holding that the president's entry-suspension power reaches asylum seekers. The injunction is lifted and the proclamation goes back into force.

Supreme Court declines review or affirms

Possible

Discussed by: Immigration law professors, ACLU litigators

The justices either let the DC Circuit ruling stand or take the case and affirm. The proclamation remains blocked and any future attempt to bypass asylum statutes by executive declaration is foreclosed. The administration falls back on enforcement tools that do not require suspending the INA, including expanded expedited removal and third-country agreements.

Administration seeks en banc review at DC Circuit

Unlikely

Discussed by: Bloomberg Law, Courthouse News

Before going to the Supreme Court, DOJ asks the full DC Circuit—which has more Democratic appointees than Republican appointees—to rehear the case. En banc grants are rare, and a denial would only delay the inevitable Supreme Court petition by a few months.

Operational impact stays small either way

Likely

Discussed by: Migration Policy Institute, Pew Research Center

Border crossings have already fallen to the lowest level since 1970 through enforcement, deterrence, and Mexican cooperation that does not depend on the proclamation. Even if the Supreme Court ultimately strikes the order down, the administration retains enough other tools that the practical asylum landscape at the border barely changes.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

March 1987

INS v. Cardoza-Fonseca (1987)

The Supreme Court ruled that the Refugee Act of 1980 set a more generous standard for asylum than for withholding of removal, requiring only a 'well-founded fear' of persecution. The decision cemented asylum as a statutory right enacted by Congress.

Then

Tens of thousands of pending asylum cases were reopened or re-evaluated under the more generous standard.

Now

Established that asylum eligibility is governed by a detailed statutory scheme that the executive branch cannot rewrite by policy.

Why this matters now

The DC Circuit's holding that Congress occupied the field of asylum procedure rests on the same logic. If the Refugee Act sets the rules, the president cannot suspend them by proclamation.

June 2018

Trump v. Hawaii (2018)

The Supreme Court upheld 5-4 the third version of Trump's first-term travel ban, which restricted entry from several majority-Muslim countries. Chief Justice Roberts's majority opinion held that INA §212(f) gives the president broad authority to suspend the entry of any class of noncitizens.

Then

The travel ban took full effect and remained in place until President Biden rescinded it in 2021.

Now

Established a precedent of strong judicial deference to presidential entry-suspension claims under §212(f), the same statutory hook the Trump administration is using to defend the asylum proclamation.

Why this matters now

The administration's core argument relies on extending Trump v. Hawaii from visa entry to asylum at the land border. The DC Circuit majority drew a line: §212(f) lets the president keep people out, but it does not let him override the INA's removal and asylum procedures for people already inside the country.

June 2024

Biden asylum restrictions (2024)

President Biden issued a proclamation sharply limiting asylum claims when daily border encounters exceeded a set threshold. The order drew lawsuits from immigrant rights groups and was partially struck down in 2025, though some provisions survived because they worked within the INA rather than around it.

Then

Asylum claims dropped sharply; border encounters began declining months before Trump took office.

Now

Created a template for using §212(f) to constrain asylum—but also a roadmap for how far an executive can go before colliding with the INA.

Why this matters now

Biden's order tried to channel asylum seekers into ports of entry without abolishing the right to claim asylum. Trump's proclamation goes further by suspending the right entirely. The contrast illustrates the line the courts are drawing.