Appeals court rules that Trump's asylum ban at the border is illegal

National Court News

An appeals court on Friday blocked President Donald 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.

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.

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.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.


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