seekers

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.

History textbooks often include the story of the Underground Railroad, an organized network of secret routes, places and people that guided enslaved populations from the South to abolitionist Northern states.

However, less is known about the underground railroad that ran southbound to Mexico. But one live-looped musical is unearthing that hidden history, one beat at a time.

Co-created and performed by Brian Quijada and Nygel D. Robinson, “Mexodus” tells the fictional story of Henry, who evades his capture by fleeing Texas across the Rio Grande. After a near fatality, he is saved by Carlos, a farmer and former combat medic battling his own trauma from the Mexican-American War. Together they form solidarity, despite social, racial and political strains plaguing both sides of the border.

Following its off-Broadway run at the Daryl Roth Theatre in New York City, the hip-hop and bolero-infused musical directed by David Mendizábal will open at the Pasadena Playhouse stage July 8 and run until Aug. 2. But for history buffs and musical enthusiasts alike, a sonically richer version filled with sound effects of the musical airs exclusively on Audible today, April 16.

The idea for “Mexodus” first came to Brian Quijada — playwright, actor and composer behind “Where Did We Sit on the Bus?,” “Kid Prince and Pablo” and “Somewhere Over the Border” — when reading a 2018 article on History.com about the estimated 5,000 to 10,000 enslaved individuals that escaped the American South for freedom in Mexico, though some researchers estimate that number to be higher.

“My parents crossed the border undocumented in the late 1970s, so I think I’ve always been fascinated with writing immigration stories,” Quijada said. “The reason that this story attracted me was because it’s like a reverse border story, but I also knew that it wasn’t my story to tell so I sat on it for a long time.”

Quijada bookmarked the article until he met Robinson — a performer at Berkeley Rep, Baltimore Center Stage, Shakespeare Theater Company, Mosaic Theater and writer and composer of “Santa Claus Is Comin’: A Motown Christmas Revue” and “R&J: Fire on the Bayou” — at an actor-musician conference weeks before the start of the COVID-19 pandemic. They were the only actors-musicians of color in the room, listening in on conversations about how one should audition for musicals like “Once,” “Million Dollar Quartet,” which typically center white storylines.

“We kind of looked at each other and we’re like, ‘we don’t really belong here,’” said Quijada, who invited Robinson to take part in “Mexodus” during the pandemic shutdown. The first iteration of the project was as a mixtape.

The musical edge of “Mexodus” hinges on live looping, a recording and playback technique where a sound is repeated and then layered (think Justin Bieber’s solo performance of “Yukon” at the 2026 Grammy Awards). Physically, both Quijada and Robinson’s characters have to pick up a guitar, record it, then play the drum set and run to the bass. “ It’s pretty labor-intensive,” Quijada said.

“I think Brian and I are artists in this way, like various people of color, where it’s like, no one else is gonna do it for me, so I can do it all by myself,” Robinson said.

There’s also a more dramaturgical, meta reason for the loop, which follows a four chord structure throughout the piece, set in both 1851 and present day.

“The looping shows you that there’s not much difference between 1851 and 2026,” Robinson said. “We just keep finding ourselves in a loop and like maybe a sound is in that wasn’t there before. Maybe another sound is added, but it’s still the same four chord structure that has been happening in this country for all existence.”

In 2010, the U.S. National Park Service outlined a possible runaway route stretching on the Camino Real de la Tejas between Natchitoches, La., to Monclova, Mexico. Still, it is unclear how organized the underground railroad heading to Mexico truly was, the Associated Press reported in 2020, with archives destroyed in a fire and sites along the path abandoned.

In 2024 the Jackson Ranch Church and Martin Jackson Cemetery in San Juan, Texas — which are part of a ranch owned by interracial couple Nathaniel Jackson and Matilda Hicks — were recognized by the U.S. National Park Service for serving as a gateway to freedom in Mexico.

Other Texas couples alongside the border— including interracial abolitionist couple Ferdinand Webber and Silvia Hector — aided enslaved people in their pursuits to reach Mexico, which had abolished slavery in 1829, while Texas was still part of the country.

Fears surrounding the Mexican government’s attempts to abolish slavery led to the formation of the Republic of Texas in 1836 and its eventual annexation to the United States by 1845; records also show that American slave owners would head down to Mexico to kidnap formerly enslaved individuals, according to USC historian Alice Baumgartner, who wrote about it in her 2020 book “South to Freedom: Runaway Slaves to Mexico and the Road to the Civil War.”

A database by the Texas Runaway Slave Project, which found listings for 2,500 runaways across various Texas newspapers from the 1840s through the 1860s, also documents the frequented journey to Mexico.

Slavery in the U.S. wouldn’t be officially abolished until 1865 with the ratification of the 13th Amendment to the Constitution.

“I was also really intimidated by the amount of research that I would have to do to write this piece because at the time back [between 2017 and 2020], [researchers] were just beginning to uncover a lot of this,” Quijada said.

Themes of racism — including anti-Blackness in the Latino community — oppression and resistance are woven throughout “Mexodus,” which since its debut in 2023 at the Baltimore Center Stage/Mosaic Theater Company in Washington, D.C., has been making viewers aware of the little-known history.

Robinson recalled how one Black woman came up to him after the show to let him know she believed in Trump’s border wall.

“I got nervous, but she was like, ‘after seeing this, I’m realizing that there’s something trying to convince me of that.’ And I’m like, yes!” said Robinson. “I’m like, this is good. This is good. We started you somewhere. Wow.”

The pair hope that amid all the dark news circulating around the world — and the traumatic, historical themes interlaced in “Mexodus” — the existence of this piece of art can be a glimmer of hope and joy for the future of both Black and brown communities.

“ I need you all to see the truth, but we’re gonna try and dance anyway,” Robinson said.