Appeals court says Trump administration must open borders to asylum-seekers
A family waits in line to apply for asylum at the southern border between El Paso, Texas, and Ciudad Juárez, Mexico, in 2023. (Photo by Corrie Boudreaux for Source NM)
- An appeals court has ruled that the Trump administration's closure of U.S. borders to asylum-seekers is unlawful and violates federal laws allowing individuals to apply for asylum.
An appeals court on Friday struck down the Trump administration’s closing of United States borders to asylum-seekers.
An executive order by President Donald Trump on Inauguration Day last year, and later guidance to turn asylum-seekers around without a court hearing, are “unlawful” and “cast aside federal laws affording individuals the right to apply and be considered for asylum,” according to the ruling by a panel of the District of Columbia U.S. Circuit Court of Appeals.
Advocates sued and said the administration’s action violated the Immigration and Nationality Act (INA) and the right to seek asylum based on fears of persecution.
Trump’s proclamation on Jan. 20, 2025, said “the sheer number of aliens entering the United States has overwhelmed the system and rendered many of the INA’s provisions ineffective,” and that “an invasion is ongoing at the southern border, which requires the Federal Government to take measures to fulfill its obligation to the States.”
The executive order, along with later guidance, required anyone crossing the border without permission to be turned around or quickly deported without a court date. As of March, about 2.7 million people had been released at the border with immigration court cases in recent years, according to a Stateline analysis.
Those numbers peaked at more than 100,000 a month at times in 2023 during the Biden administration, and dropped quickly to a few hundred a month after Trump’s 2025 order.
White House press secretary Karoline Leavitt, speaking on Fox News, blamed the ruling on politics and called it “unsurprising.” White House spokesperson Abigail Jackson said the Department of Justice would seek further review of the decision. “We are sure we will be vindicated,” she wrote in an emailed statement to The Associated Press.
Stateline reporter Tim Henderson can be reached at thenderson@stateline.org .
