Appeals Court Blocks Trump Asylum Ban, Says Congress Didn't Grant Such Power

Trump issued the asylum ban on January 20, 2025, the first day of his second term. The proclamation suspended the physical entry of individuals he labeled as part of an “invasion” across the southern border. Immigrant advocacy groups filed lawsuits within hours, arguing the order violated statutory asylum rights. A district court initially blocked the ban, and the administration appealed to the appellate court.

The three‑judge panel found the ban unlawful because Congress did not intend to give the Executive broad removal authority. The judges quoted the statute: “Congress did not intend to grant the Executive the expansive removal authority it asserts.” They held that the proclamation attempted to bypass the INA’s mandatory process by creating its own removal procedures, which the court said the INA does not authorize.

The ruling preserves the existing asylum process while limiting the president’s ability to impose sweeping bans by proclamation. It reinforces that any major change to asylum eligibility must come from Congress, not unilateral executive action. The White House has said it will appeal the decision to the full appellate court and, if necessary, to the Supreme Court.