{"id":511,"date":"2026-04-24T17:23:02","date_gmt":"2026-04-24T17:23:02","guid":{"rendered":"https:\/\/uscnews.org\/?p=511"},"modified":"2026-04-24T17:23:02","modified_gmt":"2026-04-24T17:23:02","slug":"appeals-court-says-trumps-asylum-ban-at-the-border-is-illegal-agreeing-with-lower-court","status":"publish","type":"post","link":"https:\/\/uscnews.org\/?p=511","title":{"rendered":"Appeals court says Trump\u2019s asylum ban at the border is illegal, agreeing with lower court"},"content":{"rendered":"

President Donald Trump speaks during an event on health care affordability in the Oval Office at the White House, Thursday, April 23, 2026, in Washington. (AP Photo\/Mark Schiefelbein)<\/small><\/p>\n

2026-04-24T16:41:46Z<\/p>\n

WASHINGTON (AP) \u2014 An appeals court on Friday blocked<\/a><\/span> President Donald Trump\u2019s executive order suspending asylum access, a key pillar of the Republican president\u2019s plan to crack down on migration at the southern border of the U.S.<\/p>\n

A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit found that immigration laws give people the right to apply for asylum at the border, and the president can\u2019t circumvent that.<\/p>\n

The panel concluded that the Immigration and Nationality Act doesn\u2019t authorize the president to remove the plaintiffs under \u201cprocedures of his own making,\u201d allow him to suspend plaintiffs\u2019 right to apply for asylum or curtail procedures for adjudicating their anti-torture claims.<\/p>\n

\u201cThe power by proclamation to temporarily suspend the entry of specified foreign individuals into the United States does not contain implicit authority to override the INA\u2019s mandatory process to summarily remove foreign individuals,\u201d wrote Judge J. Michelle Childs, who was nominated to the bench by Democratic President Joe Biden.<\/p>\n

The White House didn\u2019t immediately respond to a request for comment.<\/p>\n

ACLU attorney Lee Gelernt said in a statement that the appellate ruling is \u201cessential for those fleeing danger who have been denied even a hearing to present asylum claims under the Trump administration\u2019s unlawful and inhumane executive order.\u201d<\/p>\n

Judge Justin Walker, a Trump nominee, wrote a partial dissent. He said the law gives immigrants protections against removal to countries where they would be persecuted, but the administration can issue broad denials of asylum applications.<\/p>\n

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