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Appeals court rules that Trump’s asylum ban at the border is illegal
President Trump speaks during an event on health care affordability in the Oval Office at the White House on Thursday in Washington.
Mark Schiefelbein/AP
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WASHINGTON — An appeals court on Friday blocked President Trump’s executive order suspending asylum access at the southern border of the U.S., a key pillar of the Republican president’s plan to crack down on migration.
A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit found that immigration laws give people the right to apply for asylum at the border, and the president can’t circumvent that.

The court opinion stems from action taken by Trump on Inauguration Day 2025, when he declared that the situation at the southern border constituted an invasion of America and that he was “suspending the physical entry” of migrants and their ability to seek asylum until he decides it is over.
The panel concluded that the Immigration and Nationality Act doesn’t authorize the president to remove the plaintiffs under “procedures of his own making,” allow him to suspend plaintiffs’ right to apply for asylum or curtail procedures for adjudicating their anti-torture claims.

“The power by proclamation to temporarily suspend the entry of specified foreign individuals into the United States does not contain implicit authority to override the INA’s mandatory process to summarily remove foreign individuals,” wrote Judge J. Michelle Childs, who was nominated to the bench by Democratic President Joe Biden.
“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 said.
White House says asylum ban was within Trump’s powers
The administration can ask the full appeals court to reconsider the ruling or go to the Supreme Court.
The order doesn’t formally take effect until after the court considers any request to reconsider.
White House press secretary Karoline Leavitt, speaking on Fox News, said she had not seen the ruling but called it “unsurprising,” blaming politically-motivated judges.
“They are not acting as true litigators of the law. They are looking at these cases from a political lens,” she said.
Leavitt said Trump was taking actions that are “completely within his powers as commander in chief.”
White House spokeswoman 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.
The Department of Homeland Security said it strongly disagreed with the ruling.
“President Trump’s top priority remains the screening and vetting of all aliens seeking to come, live, or work in the United States,” DHS said in a statement.
Advocates welcome the ruling
Aaron Reichlin-Melnick, senior fellow at the American Immigration Council, said that previous legal action had already paused the asylum ban, and the ruling won’t change much on the ground.

The ruling, however, represents another legal defeat for a centerpiece policy of the president.
“This confirms that President Trump cannot on his own bar people from seeking asylum, that it is Congress that has mandated that asylum seekers have a right to apply for asylum and the President cannot simply invoke his authority to sustain,” said Reichlin-Melnick.
Advocates say the right to request asylum is enshrined in the country’s immigration law and say denying migrants that right puts people fleeing war or persecution in grave danger.
Lee Gelernt, attorney with the American Civil Liberties Union, who argued the case, said in a statement that the appellate ruling is “essential for those fleeing danger who have been denied even a hearing to present asylum claims under the Trump administration’s unlawful and inhumane executive order.”
Las Americas Immigrant Advocacy Center, one of the plaintiffs in the lawsuit, welcomed the court decision as a victory for their clients.
“Today’s DC Circuit ruling affirms that capricious actions by the President cannot supplant the rule of law in the United States,” said Nicolas Palazzo, director of advocacy and legal Services at Las Americas.
Judge Justin Walker, a Trump nominee, wrote a partial dissent. He said the law gives immigrants protections against removal to countries where they would be persecuted, but the administration can issue broad denials of asylum applications.
Walker, however, agreed with the majority that the president cannot deport migrants to countries where they will be persecuted or strip them of mandatory procedures that protect against their removal.
Judge Cornelia Pillard, who was nominated by Democratic President Obama, also heard the case.
In the executive order, Trump argued that the Immigration and Nationality Act gives presidents the authority to suspend entry of any group that they find “detrimental to the interests of the United States.”
The executive order also suspended the ability of migrants to ask for asylum.
Trump’s order was another blow to asylum access in the U.S., which was severely curtailed under the Biden administration, although under Biden some pathways for protections for a limited number of asylum seekers at the southern border continued.
Migrant advocate in Mexico expresses cautious hope
For Josue Martinez, a psychologist who works at a small migrant shelter in southern Mexico, the ruling marked a potential “light at the end of the tunnel” for many migrants who once hoped to seek asylum in the U.S. but ended up stuck in vulnerable conditions in Mexico.
“I hope there’s something more concrete, because we’ve heard this kind of news before: A district judge files an appeal, there’s a temporary hold, but it’s only temporary and then it’s over,” he said.
Meanwhile, migrants from Haiti, Cuba, Venezuela and other countries have struggled to make ends meet as they try to seek refuge in Mexico’s asylum system that’s all but collapsed under the weight of new strains and slashed international funds.
This week hundreds of migrants, mostly stranded migrants from Haiti, left the southern Mexican city of Tapachula on foot to seek better living conditions elsewhere in Mexico.
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Federal judge bars Trump from implementing proof of citizenship requirement to vote
A federal judge on Wednesday permanently barred President Donald Trump’s administration from implementing most of his first executive order on elections, part of which sought to require people to show documentary proof of citizenship when they register to vote.
The ruling by U.S. District Court Judge Denise Casper in Boston effectively converts a preliminary injunction she issued a year ago, in which she temporarily blocked many of Trump’s efforts to overhaul elections, into a permanent ban.
Casper rejected the Republican administration’s argument that the lawsuit to block the changes brought by Democratic state attorneys general was premature because the rules had yet to be put in place. Instead, she agreed that the Constitution gives states and Congress the authority to regulate elections, and that Trump’s requirements violated the separation of powers.
The Constitution “does not grant the President any specific powers over elections,” wrote Casper.
Among other proposed changes, Trump’s order would have required people to provide documentary proof of citizenship when registering to vote, prevented mail ballots from being counted if they arrive after Election Day, even if they were postmarked by then, and punished states that failed to comply by withholding certain federal money.
In a statement, New York Attorney General Letitia James said she was grateful the court had blocked Trump’s “unconstitutional attempt to seize control of our elections” and would continue to defend voting rights in this year’s midterm elections.
“Generations of Americans fought tirelessly for the right to vote, and we honor their legacy by protecting that right against anyone who tries to undermine it,” said James, a Democrat.
A voter casts a ballot during New York’s primary election on Tuesday, June 23, 2026, in New York. (AP Photo/Ryan Murphy)
California Attorney General Rob Bonta, whose state was the lead plaintiff in the case, said the ruling reaffirmed the constitutional principle that it s up to the states and Congress to set election rules.
“While we are proud of this result, we are clear-eyed that President Trump’s attacks on voting rights and our elections show no signs of slowing down,” Bonta, a Democrat, said in a statement. “So let me be clear: we will keep fighting back every step of the way.”
Requests for comment sent to the White House and he U.S. Department of Justice were not immediately returned.
The ruling was the latest in a series against the elections executive order Trump signed just months after taking office for his second term. The Republican president has since signed another executive order on elections that seeks to create a national voter list and limit mail balloting. That directive also faces multiple legal challenges.
Last fall, a federal judge in Washington, D.C., overseeing a separate challenge to the first election executive order by civil rights and Democratic Party-aligned groups blocked the government from taking steps to include the proof-of-citizenship requirement on the federal voter registration form. That judge later barred Trump’s defense secretary from requiring documentary proof of citizenship when military personnel register to vote or request ballots.
In an apparent nod to the difficulty of implementing a proof-of-citizen requirement by executive order, Trump is pushing legislation in the Republican-controlled Congress to create such a mandate. The SAVE America Act has passed the House but has stalled in the Senate, leading Trump to advocate for eliminating the filibuster that is blocking the legislation.
On Wednesday, he abruptly canceled the expected signing of a bipartisan housing bill, saying he would not sign legislation until Congress passes his proof of citizenship requirement for voting.
The president and many of his Republican allies have been promoting the narrative that voting by noncitizens is a major problem, when in fact it’s quite rare. The federal voter registration form already requires people to attest that they are U.S. citizens. Violating that is punishable as a felony that can lead to prison or deportation.
In another major voting case, the U.S. Supreme Court is due to issue an opinion soon on whether mail ballots must arrive by Election Day. That could immediately change the rules in 14 states that allow grace periods ranging from days to weeks if the ballots are postmarked by Election Day.
Casper, who was nominated by Democratic President Barack Obama, is the chief judge for the U.S. District Court for the District of Massachusetts.
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Video: Mamdani Allies Sweep New York Primaries
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transcript
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Mamdani Allies Sweep New York Primaries
Mayor Zohran Mamdani’s progressive coalition had a big night on Tuesday. Brad Lander, Darializa Avila Chevalier and Claire Valdez won their Democratic House primaries.
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“I see a New York that we can all afford. I see a New York that truly invests in its babies, not bombs.” Reporter: “What’s the first thing you’re looking forward to doing in Congress?” “Well, tomorrow — thank you — I mean, tomorrow morning, you know, I’m going to be back at 26 Federal Plaza doing court watching, and we want to carry that into Congress as well.”
By Julie Yoon
June 24, 2026
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Appeals court allows Trump administration expanded use of speedy deportations
A massive 826,780-square-foot warehouse sits illuminated Feb. 12, 2026, in the El Paso suburb of Socorro, Texas, that was recently purchased by the U.S. Department of Homeland Security for $122.8 million.
Morgan Lee/AP
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Morgan Lee/AP
A federal appeals court on Tuesday allowed the Trump administration to resume carrying out speedy deportations of undocumented migrants throughout the United States, not just near the border.

A divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit threw out a lower court decision that temporarily blocked President Donald Trump’s expanded use of expedited removal. The ruling was a big victory for the Republican administration, which views the expansion of so-called expedited removal as a key tool for carrying out its mass deportation policy.
Expedited removal — quick deportation without a chance to appear before a judge — has previously been applied to migrants arriving by sea or caught at or near the border shortly after crossing.
In January, Trump expanded its use to undocumented migrants all over the United States. Immigration agents began whisking migrants away from courthouses where they had gone for immigration proceedings and then removing them from the country within days.
“The Trump administration’s push for fast-track deportations will subject people to an unfair and error-prone system,” Anand Balakrishnan, senior staff attorney with the ACLU’s Immigrants’ Rights Project, said in a statement.
Balakrishnan represented plaintiffs in arguments before the appellate panel and said its ruling “undermines the fundamental principle that people receive due process when the government seeks to deport them.”

DC Circuit Judge Justin R. Walker, one of the judges on the panel, said the plaintiffs had not shown the expanded use of expedited removal violated due process rights. Immigrants received notice of removal proceedings and were given a chance to respond, he wrote in his opinion.
Walker and the second judge in the majority, Neomi Rao, were appointed by Trump. The third judge on the panel was appointed by President Barack Obama, a Democrat.
Walker said there was no requirement that the administration inform immigrants that they can avoid expedited removal if they can show they have been in the United States for more than two years.
“The constitutional requirement is notice of the action the government is taking and the grounds for it, plus an opportunity to respond,” he wrote, adding that the plaintiffs’ “contrary reasoning would require immigration officers to provide what amounts to legal advice.”
Walker and Rao vacated an order by U.S. District Judge Jia Cobb that put the expanded use of expedited removal on hold. Cobb, who was appointed by President Joe Biden, a Democrat, ruled in August that the administration had not developed procedures to ensure migrants were not wrongly deported under the expedited process.

The plaintiffs had put forward “substantial evidence” that the expedited removal process, on the contrary, carried a high risk of error when applied more broadly, Cobb said. The ruling cited examples of people who had lived in the U.S. for far longer than two years but were still ordered to be removed in expedited proceedings.
In his opinion, Walker acknowledged evidence of such errors, but said they resulted from “individual officers’ failure to follow the law — not defects in the written directives under review or the procedures they incorporate.”
The Trump administration has argued that its expansion of expedited removal includes protections to prevent arbitrary removal. In a court filing in October, Justice Department attorneys said Cobb’s ruling was an “egregious error” that was depriving the administration of an “essential tool to combat the unprecedented surge of illegal immigration over the past few years” and efficiently deport potentially millions of people.
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