Court Blocks Trump Asylum Ban at U.S.–Mexico Border

On April 26, 2026, a D.C. Circuit panel ruled that President Donald Trump’s Inauguration-Day 2025 executive order suspending asylum at the U.S.–Mexico border exceeds the Immigration and Nationality Act. The court held the proclamation and DHS guidance cannot override mandatory INA procedures for asylum, withholding of removal, or Convention-Against-Torture claims.

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Judge J. Michelle Childs authored the majority opinion, joined by Judge Cornelia Pillard. Judge Justin Walker, a Trump appointee, concurred in part and dissented, arguing the president may lawfully deny all asylum applications. The split highlights differing views on the INA’s limits on executive power.

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White House press secretary Karoline Leavitt called the ruling “unsurprising” and blamed “politically-motivated judges.” Abigail Jackson said the Justice Department will seek further review. DHS reiterated its priority to “screen and vet all aliens seeking to come, live, or work in the United States.”

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Aaron Reichlin-Melnick of the American Immigration Council said the decision confirms Congress, not the president, determines asylum eligibility. ACLU attorney Lee Gelernt called the ruling essential for people fleeing danger who have been denied a hearing. Las Americas Immigrant Advocacy Center director Nicolas Palazzo called it a victory for the rule of law.

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Psychologist Josue Martinez at a shelter in southern Mexico described the ruling as “a light at the end of the tunnel” but warned that past court orders have often provided only temporary relief. Hundreds of migrants, primarily from Haiti, left Tapachula on foot after the decision, highlighting ongoing vulnerability in Mexico’s strained asylum system.

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The Justice Department is expected to file a petition for rehearing, and the case could be appealed to the Supreme Court. Until a final ruling, asylum seekers at the border remain subject to existing INA procedures, while advocacy groups continue to monitor enforcement.

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• “They are not acting as true litigators of the law. They are looking at these cases from a political lens,” — Karoline Leavitt, White House press secretary

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• “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,” — Judge J. Michelle Childs

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• “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,” — Aaron Reichlin-Melnick, senior fellow, American Immigration Council

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• “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.” — Lee Gelernt, ACLU attorney

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• “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,” — Josue Martinez, psychologist, migrant shelter

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