Judges say Trump’s order for swift removal at the border ‘cast aside federal laws affording’ right to seek asylum.

An appeals court has ruled that President Donald Trump’s ban on asylum applications in the United States is unlawful, dealing a setback to the administration’s immigration crackdown.

In a decision released on Friday, a three-judge panel from the US Court of Appeals in Washington, DC, found that existing laws — namely the Immigration and Nationality Act (INA) — give people the right to apply for asylum at the border.

Trump had issued the asylum ban in a proclamation on January 20, 2025, on the first day of his second term.

But the appeals court questioned whether suspending asylum unilaterally was within the president’s power.

“Congress did not intend to grant the Executive the expansive removal authority it asserts,” the ruling said.

“The Proclamation and Guidance are thus unlawful to the extent that they circumvent the INA’s removal procedures and cast aside federal laws affording individuals the right to apply and be considered for asylum or withholding of removal protections.”

The decision validated a ruling by a lower court. While the judges blocked Trump’s order, it is unclear what its immediate impact will be. Already, the White House has signalled it plans to appeal.

Trump made immigration a major pillar of his 2024 re-election campaign, pledging to repel what he describes as an “invasion” of migrants by shutting down the southern border of the US.

Asylum in the US can be granted to people facing “persecution based on race, religion, nationality, political opinion, or membership in a particular social group”. Such protections have been recognised as a fundamental human right under international law.

But unauthorised border crossings reached record levels during the administration of President Joe Biden, which had itself imposed asylum restrictions.

Millions of migrants — many suffering from gang violence and political persecution in Central and South America — have claimed asylum upon reaching the US.

Nearly 945,000 filed for asylum in 2023, according to the Department of Homeland Security.

In his January 2025 decree, Trump suspended “the physical entry of aliens involved in an invasion into the United States across the southern border”.

The proclamation was quickly challenged in court, as other measures in Trump’s immigration crackdown have been.

But the appeals court panel concluded that the INA does not authorise the president to remove the plaintiffs under “procedures of his own making”.

Nor does it allow him to suspend the plaintiffs’ right to apply for asylum or curtail procedures for adjudicating claims of torture and persecution.

“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, a Biden appointee.

The Trump administration will likely appeal the ruling to the full appellate court and subsequently to the Supreme Court.

The White House stressed after the court’s decision that banning asylum is part of Trump’s constitutional powers as commander-in-chief.

“We have liberal judges across the country who are acting against this president for political purposes. They are not acting as true litigators of the law. They are looking at these cases from a political lens,” White House spokesperson Karoline Leavitt told reporters.