A federal appeals court on Friday ruled that President Donald Trump’s proclamation describing migration at the U.S.-Mexico border as an “invasion” and using that finding to suspend access to asylum exceeds the authority Congress granted in immigration law. The decision from the U.S. Court of Appeals for the D.C. Circuit could require the government to restart at-the-border asylum processing, though the administration has indicated it plans to seek further review.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said the Immigration and Nationality Act gives noncitizens the right to apply for asylum when they are physically present in the United States, including at the border, and does not allow the president to replace Congress’s framework with “procedures of his own making.”
The ruling stems from a proclamation Trump issued on Jan. 20, 2025—Inauguration Day—declaring conditions at the southern border an “invasion” and directing authorities to suspend migrants’ ability to seek asylum until he determines the invasion has ended.
In a brief statement carried by The Daily Wire, the outlet said the Trump administration is expected to appeal, which could delay changes on the ground.
Separate government releases and analyses have reported that unlawful border crossings and Border Patrol apprehensions fell sharply after Trump returned to office in January 2025. A July 2025 Homeland Security Department announcement, for example, said Border Patrol logged 8,039 apprehensions nationwide in a recent reporting period, describing it as a record low.
The court’s decision addresses the legality of using the “invasion” proclamation to suspend asylum access, not whether the government can pursue other enforcement measures under existing statutes.
