Asylum

A federal immigration judge has granted asylum to a woman orphaned in Iran in the 1970s and adopted by an American war veteran, whom immigration officials threatened this year with deportation to the country with which the U.S. is now at war.

Judge Andrew Fishkin’s ruling probably ends a months-long ordeal for the California woman, one of thousands adopted from abroad who were never granted citizenship because of bureaucratic loopholes between adoption and immigration law.

The woman has lived in the United States since she was adopted by American parents as a toddler and has no criminal record. The Associated Press is not naming her because she worries her legal situation remains tenuous as the administration has time to appeal. A federal judge has allowed her to use a pseudonym, “Ms. S,” in her challenge to the government’s determination of her immigration status.

The woman received a letter from the Department of Homeland Security in February that ordered her to appear for removal proceedings, saying she is subject to deportation because she overstayed her visa in March 1974 at 4 years old.

The woman, 56, described what came next as a terrifying and humiliating few months.

She grew up in a Christian, military family on a farm in Wisconsin and was taught to be patriotic. But the documents she received from the government described her as an “alien;” some said she did not understand English, which is the only language she speaks.

Immigration officials told her she was being arrested, but was released and tracked with an ankle monitor. She bought new pants to try to hide it and taught herself not to cross her legs in work meetings, terrified it would threaten the corporate job in healthcare she’s held for almost two decades.

They fingerprinted her and took her DNA. She said she was obviously weeping in the mug shot they snapped of her.

She prepared herself to be detained: She put her bills on autopay and gave her friends a key to her home.

Her lawyer, Emily Howe, said the government had the power to agree she is an American citizen.

“Instead they treated her like a terrorist, like she was the worst of the worst criminals,” Howe said. “It felt very Big Brother, very Orwellian.”

The Department of Homeland Security declined to comment on the record on an individual case.

The Associated Press profiled the woman in 2024 as part of a story about how many international adoptees were left without citizenship because their American adoptive parents failed to naturalize them.

The woman’s parents were living in Iran, where her father was working for a U.S. government contractor, in the 1970s. He was retired from the Air Force as a lieutenant colonel. He’d been held for years a prisoner of war in Germany during World War II.

The couple found the toddler at an orphanage and returned to the U.S. with her in 1973 and soon completed the adoption. At that time, parents had to separately naturalize adopted children. The woman’s parents have since died.

She didn’t learn she hadn’t been naturalized until she applied for a passport at 38 years old. She still doesn’t know how the oversight happened. She searched her father’s papers and found a letter from a lawyer, dated 1975, that said he was working with immigration officials, “it appears this matter is concluded,” and billed her father for his services.

She filed a federal lawsuit this month trying to prohibit the government from removing her and forcing it to grant her citizenship.

She has long believed she should be considered a U.S. citizen: She has a Social Security card, and a driver’s license and has been legally allowed to work and pay taxes for decades. It’s only the immigration agency that denies she is a citizen. She suspects her paperwork was lost, probably when militants seized the U.S. Embassy in Tehran in 1979.

Fishkin seemed to agree: He wrote in his ruling that documents from that embassy are not available to her or to the U.S. government. He declared her a refugee, entitled to work in the U.S. His ruling puts the woman on a pathway to being recognized as a citizen.

She’d felt hopeful, she said, when she learned her court date before Fishkin was scheduled for her late father’s birthday. She always felt like she needed to protect not only herself but also her father’s legacy. He was a conscientious military official, she said, who would not have knowingly allowed such a glaring oversight that left his daughter in legal limbo.

Galofaro writes for the Associated Press.

Brazilian police have intercepted 108 Cuban nationals in a single day as they were being smuggled into the country.

In a statement on Tuesday, officials noted that the incident was part of a growing trend of undocumented immigration leaving the beleaguered Caribbean island for Brazil.

Brazil’s Ministry of Justice and Public Security described the operation as a “rescue”, designed to disrupt human trafficking and irregular migration.

“According to the Federal Highway Police (PRF), this was the largest humanitarian rescue operation ever recorded in a single incident in Roraima,” the ministry said, referring to one of Brazil’s 26 states.

Roraima is situated in the Amazon rainforest, along the border with Guyana and Venezuela. The ministry said that a “large portion” of Cubans are using Guyana as a gateway to enter Brazil.

Some 57.6 percent of the Cuban immigrants living in Brazil are either in Roraima or Amapa, another northern border state.

Cuba has been facing a heightened humanitarian crisis in recent months, as it weathers a de facto fuel blockade imposed by the United States.

Since January, no foreign oil has been allowed to reach the Caribbean island, save for one Russian tanker. The US has threatened steep tariffs against any country that might seek to supply Cuba with oil, a necessary fuel for its fragile energy grid.

The blockade has had wide-ranging repercussions, with public services in many areas grinding to a halt. The country has been gripped by multiple island-wide blackouts, and residents are reporting difficulties accessing basic supplies like food and medication.

Critics fear the pressure will lead to new waves of migration off the island. During the COVID-19 pandemic, for example, economic decline contributed to a mass exodus, with Cuba’s population dropping by roughly 10 percent or more.

Since 2024, Brazil’s Federal Highway Police say they have “rescued” roughly 297 migrants and asylum seekers in Roraima, most of them Cuban.

Five “coyotes”, or human smugglers, were arrested during Monday’s law enforcement efforts, which come as part of Operation Safe Route, an initiative launched in December 2024 to ensure roadway safety.

Three separate sets of arrests were made. One involved a convoy of three vehicles that attempted to flee federal police after being signalled to stop. Inside the vehicles were 39 Cubans, including children, being “transported in precarious conditions”.

“Many reported having gone without food for at least two days,” the Justice Ministry said.

In another incident, police found eight Cuban immigrants after seizing a vehicle that crossed the border illegally. In a third, law enforcement followed a vehicle suspected of human smuggling to a residence where 61 Cubans were found.

All 108 of the Cubans recovered on Monday were transferred to police officials for “immigration regularisation and subsequent referral to the social assistance network”, according to the Brazilian security ministry.

In its annual migration report for 2025, the ministry described Cuban immigration to Brazil as stable or even descending during the last decade, up until the early years of the COVID-19 pandemic.

“Migration flows of Cubans to Brazil were never particularly intense,” the report said. But then, starting in 2022, Cuban immigration into Brazil started to “rebound vigorously”.

“It is important to note that, in 2025, refugee applications submitted by Cubans surpassed those submitted by Venezuelans — not only due to a drop in applications from the latter group but, above all, due to the sharp rise in cases filed by Cubans, exceeding 40,000 requests,” the report explained.

The report also warned that the upward trend could continue, given the conflict between the US and Cuba.

Since returning for a second term, US President Donald Trump has taken an active role in Latin American politics and has suggested he may use military force to initiate regime change in Cuba.

“Should geopolitical tensions between Cuba and the United States of America escalate, migration flows toward Brazil could very well increase,” the report concluded.

BOSTON — A federal judge on Friday struck down a Trump administration policy enacted after the shooting of two National Guard members that made it harder for immigrants from dozens of countries to stay and enter the U.S.

In a ruling harshly criticizing the administration, U.S. District Chief Judge John McConnell Jr. said the policy “threw the lives of countless immigrants living in the United States into indeterminate legal limbo,” and he accused the U.S. Citizenship and Immigration Services of ignoring the law.

“In enacting its latest immigration policies, USCIS: claims statutory and regulatory authority that it does not possess; makes decisions without the reasoned explanations that it must provide; acts without regard for the reliance interests of applicants that it must consider; and justifies its actions with pretextual concerns of ‘national security’ that mask anti-immigrant sentiments that it is forbidden from letting influence its decision-making,” he wrote. “In legal terms that means USCIS’s actions are contrary to law and arbitrary and capricious.”

A spokesperson for the Department of Homeland Security did not immediately respond to a request for comment.

The policies enacted after the National Guard shooting last year meant that immigrants from 39 African, Asian, Latin American and Middle Eastern countries have been “categorically barred” from receiving final decisions on, among other things, their asylum, work permit, green card and citizenship applications.

“This ruling reaffirms a basic principle: the federal government cannot shut down lawful immigration pathways or discriminate against people based on where they come from,” said Skye Perryman, president and CEO of Democracy Forward, which represented the plaintiffs in the case. “These unlawful policies caused enormous harm to families, workers, asylum-seekers, and communities across the country who were left in limbo, unable to work, access protections, or move forward with their lives.”

The policies apply to U.S. Citizenship and Immigration Services, which approves applications for immigrants to work and become citizens. The agency, which is within the Homeland Security Department, often grants asylum, but only for those already in the United States when they apply. Immigration judges grant asylum to those who are stopped at the border; the ruling does not affect them, and neither do the policies that sparked the lawsuit.

It is part of an ongoing effort by the administration to tighten U.S. entry standards for travel and immigration, in what critics say unfairly prevents travel for people from a broad range of countries. The administration suggested it would expand the restrictions after the arrest of an Afghan national suspect in the shooting of two National Guard troops over Thanksgiving weekend.

In its motion to dismiss, which the court denied, the government argued that Congress gave the executive branch broad authority over immigration policy, including “the entry of aliens into the United States as well as discretion within the statutory scheme to confer as well as withdraw various discretionary benefits.”

“This case rests on a remarkable premise: that a federal court should prevent an agency from issuing the very policy guidance that provides government personnel with the guardrails necessary to ensure consistent, non-arbitrary, and individualized decisionmaking consistent with federal law,” the government wrote in its brief.

Immigration groups celebrated the ruling.

“This ruling sets a powerful precedent that the administration cannot ignore the law as laid down by Congress and cannot arbitrarily bar immigration benefits on the basis of national origin by fiat,” said Jamal Abdi, president at the National Iranian American Council. “Fortunately, this is still a nation of laws, and those who uphold America’s values have recourse to challenge and push back on such discriminatory, arbitrary policies.”

Shawn VanDiver, a Navy veteran who heads a coalition that supports Afghan resettlement efforts called #AfghanEvac, said the ruling was a “significant victory for the rule of law and for thousands of Afghan allies and other immigrants who followed every requirement asked of them.”

“Just this week in Dallas and Fort Worth, we met people who feared losing jobs because delayed work permit renewals threatened their livelihoods, families who postponed education, travel, and homeownership because they did not know when their cases would be resolved, and future Americans who had expected to become citizens only to see their applications stall without explanation,” VanDiver said.

Casey writes for the Associated Press.

June 5 (UPI) — A federal judge on Friday canceled a batch of President Donald Trump‘s immigration policies, forcing the administration to begin processing immigration and asylum applications.

The decision from a judge in Rhode Island said Trump’s immigration policies enacted last fall had left immigrants in the United States in “indeterminate legal limbo” because of “anti-immigrant sentiments that it is forbidden from letting influence its decision-making.”

The 135-page decision from Judge John J. McConnell Jr. said the decision to stop processing immigration applications from people from 39 countries “placed the lives of countless individuals on hold — solely by virtue of their countries of birth.”

The policies in question include a global pause on asylum applications filed with the U.S. Citizenship and Immigration Services, a pause on decisions on immigration applications of people from the 39 countries in a travel ban, which prevented them from getting permanent residency status, citizenship and more.

The administration announced the changes after an Afghan man allegedly shot two National Guard members in Washington, D.C., in November. Rahmanullah Lakanwal pleaded not guilty.

“USCIS’s hold on adjudications cannot be attributed to anything that these individuals did wrong; rather, it arises solely by the happenstance of their birth,” McConnell wrote.

“The court is reminded of a line often repeated in discussions around immigration policy: If people wish to immigrate to the United States, they ought to ‘follow the law’ and ‘do things the right way,'” he wrote. “This case serves as a perfect example of immigrants doing just that.”

Democracy Forward, a legal nonprofit that helped represent the immigration groups and unions behind the lawsuit, told The New York Times that it celebrates the ruling.

“This ruling reaffirms a basic principle: The federal government cannot shut down lawful immigration pathways or discriminate against people based on where they come from,” organization President Skye Perryman said. “These unlawful policies caused enormous harm to families, workers, asylum seekers and communities across the country.”

Shawn VanDiver, president of #AfghanEvac, also celebrated the ruling.

“For months, we have heard from Afghan allies whose citizenship ceremonies were canceled, work permits expired while waiting for decisions, green card applications stopped moving and families were left in uncertainty despite doing everything the right way,” The Hill reported VanDiver said in a statement.

“Today’s ruling is a significant victory for the rule of law and for thousands of Afghan allies and other immigrants who followed every requirement asked of them, only to see their cases frozen indefinitely.”

Malak Mahmoud, the heavily pregnant woman filmed being thrown to the ground by a Dutch police officer as her Palestinian husband from Gaza was detained, has spoken to Al Jazeera.

Police in Zeist issued a statement saying they are reviewing the use of force and have opened an investigation, but have not responded to Al Jazeera’s request for comment.

Athens, Greece – Bashir is a Syrian Muslim who has lived in Greece since 2014. He married a fellow Syrian in the country, and three months ago, they had a son. After years of picking olives and oranges, learning Greek and a trade in metalwork, and finally buying his own equipment to start work as an independent trader, Bashir felt his life was finally coming together.

Two months ago, the authorities handed him a piece of paper asking him to restate his reasons for coming to Greece and why he should now return to Syria.

Bashir, who requested to withhold his surname, had been granted asylum in Greece in 2015 because of the civil war then raging in Syria. The war ended in December 2024, and Bashir became one of 1,200 Syrians whose asylum cases were reopened in February.

“It’s a catastrophe,” he told Al Jazeera. “I don’t understand how this can happen. If they decide I should leave the country, should my family stay here?”

Bashir’s lawyer said only men are currently receiving such notices – and not just from Syria but Afghanistan, another country whose civil war is deemed to have ended, with the Taliban’s sweeping victory in August 2021.

But neither Syria nor Afghanistan is necessarily safe to return to, said the lawyer, Angeliki Theodoropoulou.

“We believe this has to do with the European Union’s stance towards Syria and Afghanistan, and with the fact that there are quite a few voluntary returns, which encourages authorities to say, ‘Let’s see if these people can return’,” Theodoropoulou told Al Jazeera.

She said the entire regime of international protection was being tightened for these two nationalities. “We’re also seeing asylum being given in very few cases, and a lot of rejections,” she said.

“We don’t understand on what criteria they decided Syria is safe,” Bashir said.

Earlier this year, renewed clashes erupted between the Syrian government and the Kurdish-led Syrian Democratic Forces (SDF), while Israel has continued attacks on the country sporadically.

Bilal said he feels uncomfortable about the idea of living in Syria for cultural and political reasons, having spent 15 years away.

“Many of the refugees here are like me,” he said.

Jihad, who requested to withhold his surname, has similar concerns but for the opposite reason. He has lived in Greece legally since 2001 and runs a small clothes shop. When the regime of Bashar al-Assad fell, the rest of his family also fled, because he and his family were Assad supporters.

He fears that he would be mistreated in Syria over his views.

“If they just look at my Facebook page or look at things I wrote in the past, they will send me to jail for sure,” Jihad said. “I’m afraid even to go to the embassy. I have never held a gun, I have never killed anyone, I just have an opinion.”

Both men have clean criminal records, pay taxes and social security contributions, and have nurtured families in Greece. Both say they would flee to another country rather than return to Syria. So why is Greece considering their eviction?

Greece’s turn to exclusion

Greek Migration Minister Thanos Plevris announced in February that he had ordered a reopening of any asylum cases that could be revoked. As a temporary status, it can be.

Last year, Greece revoked the asylum of almost 200 people, compared with 400 in the previous decade. Dozens more cases are under review this year. And there appears to be a religious element to the policy.

Greece suspended asylum applications for mainly Muslim asylum seekers arriving from Libya for three months last year. Most of the people whose asylum is being revoked are from majority-Muslim countries.

At a recent parliamentary committee hearing, Plevris stated clearly that Greece prefers non-Muslim migrant workers.

“There are countries with which we don’t have common values, and that’s mainly because of religion, let’s be clear, it’s because of hardcore Islam,” Plevris said. “So, you have to pick countries that are religiously neutral or Christian. We’re talking to Georgia, the Philippines, Armenia, India.”

Greece has been tightening its migration policy in other ways as well.

In September 2025, it adopted what Plevris described as “the strictest returns policy in the whole EU”, empowering the government to imprison people who refuse to be deported. Rejected asylum applicants can be fitted with ankle monitors and given just two weeks to remove themselves voluntarily. If they don’t, they face a 5,000-euro fine ($5,870) and two to five years’ confinement in closed camps.

In February, the governing conservative New Democracy party passed a law stipulating that if any aid worker is charged with helping to smuggle asylum seekers into Greece, their entire aid organisation can be delisted from the ministry’s registry. That means they could lose their funding and access to refugee camps, and could shut down.

The broader context

Europe is undergoing a transition as it prepares to put into force an Asylum and Migration Pact next month. The pact demands a hard-border policy and a returns policy for rejected asylum seekers, both of which each member state must manage itself.

“We’re at a pivotal point in time. We’re about to see the implementation of the European pact. This will fundamentally change the way that migration works,” Kristin Fabbe, chair in Business and Comparative Politics at the European University Institute, recently told a Delphi Economic Forum event in Athens.

The largest bottleneck, she said, “is that Europe has not yet figured out how to do returns at scale … in order to reform asylum and reform migration, you have to execute returns at scale, and the data show that that has been impossible”.

Greece, an EU front-line state, already has 938,000 legally resident migrants in a population of 10.3 million, a relatively high number. Of these, more than 137,000 are recipients of asylum or international protection.

As the Middle East and North Africa region remains unstable, the government is worried about the potential scale of future refugee flows.

More than a million asylum seekers crossed the Greek borders in 2015. In the years that followed, certain EU members took on thousands of asylum cases from Greece and Italy in a show of solidarity, and tens of thousands more asylum recipients in Greece moved to other EU states. Those states have agreed to keep them, but that would not necessarily happen again under the pact.

Observers say this explains Greece’s hardline attitude.

Commenting on the political mood in Europe, Fabbe said, “The legality, the sanctity of the [returns] solutions is being challenged, but I think we’re going to see the proliferation of those solutions and new institutional mechanisms.”

SAN FRANCISCO — There are no immigrants waiting for rulings anymore at San Francisco’s main immigration court, no lawyers making arguments.

The court, which had 21 judges when President Trump was sworn in last year, had only two left when it closed May 1. The rest had been fired, retired or resigned amid a White House purge of federal immigration judges.

The closing is one more reflection of the turmoil that has upended the immigration court system as the administration looks for ways to churn through its massive backlog of 3.8 million asylum cases and deport as many people as possible.

Asylum denial rates have soared as the administration has fired almost 100 judges deemed to be too liberal, and approved using hundreds of military lawyers to replace them. Immigrants have been arrested when they arrive at courthouses or government offices for scheduled appearances.

But amid the nationwide upheaval, San Francisco is the first major city to be left without a primary immigration court, leaving chaos and dysfunction in a region long known for its friendliness to asylum seekers. The two remaining judges will work from another federal building in the city but will be part of an immigration court across the bay.

That reputation, court insiders say, might have led to its downfall.

“It was a vibrant legal scene and so I think if you were looking to target a court you would have to look at what San Francisco stands for,” said Jeremiah Johnson, an immigration judge in the city until he was fired in November. He is now executive vice president of the National Assn. of Immigration Judges.

Most of the court’s 117,000 immigration cases have been moved to a courthouse in Concord, a city about 30 miles away that opened two years ago to help with San Francisco’s backlog of cases. But turmoil has also reached that city. A courthouse that had 11 judges at the start of 2025 is down to five after a series of firings. It had a caseload of 60,000 cases even before the San Francisco cases were shifted over.

San Francisco’s immigration court, which had the third-highest number of asylum cases in the nation, was long considered one of the most favorable to people seeking asylum. From 2019 to 2024, almost 75% of petitioners received some form of relief, compared with 43% nationwide, according to data compiled by the Transactional Records Access Clearinghouse, a nonprofit data research center based at Syracuse University.

That’s partly because San Francisco, with its vast network of pro-immigrant organizations and pro bono or low-cost legal services, had one of the country’s highest rates of legal representation for immigrants.

The Executive Office of Immigration Review, the Department of Justice branch that oversees immigration courts, announced in March that it would close the San Francisco courthouse in 2027 as a cost-saving measure and move its cases to Concord. But the end came early after nearly all the San Francisco judges left or were fired. The Executive Office provided no detailed explanation for the changes, saying in a statement only that it had decided not to renew its lease for the court, and doesn’t comment on personnel matters.

Tight security in Concord courts

Security is tight at the Concord courthouse, perhaps because of the new influx of cases. Armed security guards ask every person if they are carrying weapons or explosives, and they watch as each person turns off their cellphone. Even coffee is not allowed in. Only water is acceptable, and then only if it’s in a transparent bottle.

Judah Lakin, an immigration attorney based in Oakland who also teaches at UC Berkeley School of Law, said the closure of the San Francisco court has made cases more time-consuming since it’s harder for his clients, who often travel from hours away, to reach Concord on public transportation.

One recent 10-minute hearing in Concord took him more than two hours of travel, he said.

But beyond logistics, Lakin said the chaos in immigration courts under the Trump administration has created a fraught court atmosphere. Mass firings have led to last-minute hearing cancellations, cases have been reset with little notice, and clients are often left in prolonged legal limbo, leaving them vulnerable to deportation.

One of his clients, he said, was provisionally granted asylum by a judge, who was then fired before signing the decision. The case was transferred to a second judge, who was also fired. Now on their third judge, his client is still waiting.

“The ground is constantly shifting underneath your feet, whether it’s judges being fired and hearings getting canceled, whether it’s your clients getting arrested, whether it’s getting denials on things that used to be standard and routine,” Lakin said.

“I think that’s on purpose. That’s by design. It’s part of the strategy,” he added.

‘Heartbreaking’

San Francisco’s immigration court was one of the first in the nation to hire judges with non-prosecutorial backgrounds, with many having previous experience working with immigrants at nonprofits or defending them in court.

To see the court close is “heartbreaking,” said Dana Leigh Marks, a former San Francisco immigration judge who retired in 2021 after 35 years on the bench and who was among the first judges in the nation to be hired from private practice.

She sees the Trump administration’s decision to close the largest immigration court in Northern California as part of an effort to undermine due process and eventually dismantle the path to asylum.

“It’s all a part of big ways and little ways that the Trump administration is trying to get noncitizens out of the country,” she said.

Johnson, the fired San Francisco judge, was appointed during the first Trump administration. He believes he was targeted because he granted asylum in 89% of the cases he heard.

“You don’t fire judges if you disagree with the way they’re handling a case; that’s not how courts work. If you disagree, you appeal that decision,” he said.

Johnson, who is the executive vice president of the National Assn. of Immigration Judges, defended his judicial record, pointing out that over eight years, only about 10 of his cases were appealed by the Department of Homeland Security, and very few were sent back for further hearings by the Board of Immigration Appeals.

Unlike federal courts, where there are strict rules of procedure and judges have lifetime tenure, the Justice Department runs immigration courts, and the attorney general can fire the judges with fewer constraints.

There were 754 immigration judges across the country at the start of Trump’s second term. Now, there are about 600, including some temporary judges, according to data collected by the judges’ union. Widespread courthouse arrests of immigrants have caused hundreds of people not to even show up for hearings, leading to deportation orders in absentia.

Nidaa Pervaiz came to the Concord court on a recent day to represent a client from Nepal. She prefers the new courthouse in some ways, since it’s closer to her home.

But, she said, she and her clients are already feeling the impact of the changes. Fewer judges leads to fewer hearings. That means more delays for her clients, whose paperwork can expire even before they can appear before a judge.

“Their whole lives are at stake, and they are coming to make a plea for their future” she said.

Rodriguez writes for the Associated Press.

WASHINGTON — An appeals court on Friday blocked President Trump’s executive order suspending asylum access, a key pillar of the Republican president’s plan to crack down on migration at the southern border of the U.S.

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 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 Biden.

The White House didn’t immediately respond to a request for comment.

ACLU attorney Lee Gelernt 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.”

Judge Justin Walker, a Trump nominee, wrote a partial dissent. He said the law gives immigrants protections against removal to countries where they would be persecuted, but the administration can issue broad denials of asylum applications.

Walker, however, agreed with the majority that the president cannot deport migrants to countries where they will be persecuted or strip them of mandatory procedures that protect against their removal.

Judge Cornelia Pillard, who was nominated by Democratic President Obama, also heard the case.

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.