By Mark Tanos
A federal appeals court blocked President Donald Trump’s executive order barring migrants from seeking asylum at the southern border.
The U.S. Court of Appeals for the D.C. Circuit ruled 2-1 Friday that the president lacks the authority under federal immigration law to create his own fast-track deportation procedures or to deny migrants the ability to apply for asylum, CBS News reported. Judge J. Michelle Childs, a Biden appointee, wrote for the majority that Congress never intended to hand the executive branch such expansive removal power through the Immigration and Nationality Act. Judge Cornelia Pillard joined the opinion. (RELATED: Biden Judge Rules Trump Admin’s Third Country Deportations Unlawful)
Judge Justin Walker, whom Trump nominated during his first term, partially broke with his colleagues, according to CBS News. Walker agreed that the government cannot strip migrants of safeguards against deportation to countries where they would face persecution or torture but contended the president can lawfully issue blanket denials of asylum claims.
The White House fired back quickly. Press secretary Karoline Leavitt told Fox News the decision was “unsurprising” and accused the judges of approaching the case politically rather than on legal merits, the Associated Press reported. White House spokeswoman Abigail Jackson said the Justice Department would seek further review, adding, “We are sure we will be vindicated.” The Department of Homeland Security (DHS) separately said it strongly disagreed with the panel’s conclusion.
Legal experts have long expected the case to reach the Supreme Court, and Friday’s decision likely sets the stage for that fight, CNN reported. The ruling does not formally take effect until the D.C. Circuit resolves any motion for reconsideration.
Trump signed the executive order on his first day back in office in January 2025, declaring an “invasion” at the border and directing officials to suspend the asylum process, CBS News reported. DHS then instructed border agents to refuse asylum requests from anyone crossing between official ports of entry.
