Story perspectives

D.C. Circuit Says Trump Lacks Authority to Suspend Asylum

4/25/2026

Summary

Story summary

D.C. Circuit ruled Immigration and Nationality Act does not give president authority to suspend asylum, blocking President Donald Trump’s executive order.
Judge J. Michelle Childs authored majority, finding the INA’s text, structure, and history show Congress did not intend removal authority, with Judge Cornelia Pillard concurring.
The ACLU and American Immigration Council praised the decision as vital for migrants, while a shelter director in southern Mexico said it offered hope.

History

Historical Context

In 1996 President Bill Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act, which let the president halt asylum admissions for up to 180 days during a declared emergency. The law took effect April 1, 1997. On March 2024 the D.C. Circuit, in an opinion by Judge J. Michelle Childs, struck down that suspension power, echoing challenges from ACLU and American Immigration Council and restoring Congress’s limits.

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Story summary

D.C. Circuit ruled Immigration and Nationality Act does not give president authority to suspend asylum, blocking President Donald Trump’s executive order.
Judge J. Michelle Childs authored majority, finding the INA’s text, structure, and history show Congress did not intend removal authority, with Judge Cornelia Pillard concurring.
The ACLU and American Immigration Council praised the decision as vital for migrants, while a shelter director in southern Mexico said it offered hope.

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