US appeals courts rule Trump's border asylum ban illegal, require processing of new asylum applications

A series of federal appellate courts in the United States have ruled that President Donald Trump’s policy blocking asylum at the southern border is illegal. In one decision, the DC Circuit held that the executive could suspend entries at the border during the Covid-19 pandemic but could not unilaterally suspend asylum petitions: “could suspend entries at the southern border, as it did during the Covid-19 pandemic, but could not unilaterally suspend asylum petitions.”

Other rulings across circuits have blocked the ban and suggested asylum seekers must be processed. Some decisions align with lower court rulings that the policy is unlawful, with quotes describing the action as “unlawful” and noting that federal laws afford individuals the right to apply and be heard. The panel decisions collectively signal that the administration’s efforts to close or restrict asylum processing face sustained judicial pushback across multiple courts.

Implications include potential obligations for the administration to reopen border processing for asylum seekers and to consider new asylum applications. The legal challenges are likely to shape ongoing immigration policy, with courts continuing to scrutinize executive actions aimed at limiting asylum access at the border.