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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.
Advocates for immigrants sued, however, arguing that the administration was violating the Immigration and Nationality Act (INA) by rejecting people’s right to seek asylum because they fear persecution based on their political opinion, race or other reasons detailed in federal law. A lower-court judge had ruled in their favor, but the border has remained largely closed to asylum seekers as the case made its way through the courts.
“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 decision was handed down by a three-judge panel; one judge concurred in part and dissented in part.
Advocates for immigrants cheered the ruling, saying officials have turned away people in fear for their lives.
“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.”
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