Appeals court clears way for U.S. to reopen border for asylum seekers [View all]

Source: Washington Post

A federal appeals court ruled Friday that President Donald Trump's declaration of an "invasion" at the U.S.-Mexico border was illegal, effectively clearing the way to reopen the United States to migrants seeking asylum.

It was not clear when asylum processing would resume, and the Trump administration is likely to appeal the decision. The Justice Department did not immediately respond to a request for comment.

Trump issued the proclamation, "Guaranteeing the States Protection Against Invasion," on the first day of his second term, barring entry to asylum seekers for public safety, health and economic reasons "until I issue a finding that the invasion at the southern border has ceased." Since then, Border Patrol apprehensions have fallen to the lowest levels in decades after spiking to record highs under the Biden administration.....

"We conclude that the INA'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," the opinion from the U.S. Court of Appeals for the District of Columbia Circuit said.....

"The court's opinion does not mean there are now open borders, but only that the United States will no longer be one of the few countries in the world who after World War II does not provide a hearing for those fleeing persecution," said Lee Gelernt, the American Civil Liberties Union attorney who argued the appeal. "The court properly made clear that the president cannot simply waive away the laws enacted by Congress."

Read more: https://www.washingtonpost.com/immigration/2026/04/24/court-border-asylum-trump

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