The lawsuit challenges President Trump's order shutting down asylum at the southern border. Federal judges at two levels ruled the president cannot erase asylum protections Congress created.
Asylum is legal protection for people fleeing persecution. Withholding of removal and protection under the Convention Against Torture bar return to likely persecution or torture. This case asks whether a border proclamation can suspend those laws.
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Table of Contents
- What did the White House order?
- Who sued to stop summary expulsions?
- Why did judges block the shutdown?
- What does the appeal decision change?
What did the White House order?
On Jan. 20, 2025, President Trump issued Proclamation 10888, "Guaranteeing the States Protection Against Invasion." It labeled unlawful crossings at the southern border an invasion.
It suspended entry under INA sections 212(f) and 215(a), according to the ACLU of the District of Columbia case page Officials then used the order for summary expulsions. Migrants faced removal without normal asylum screening. The government treated the proclamation as authority to bypass procedures Congress required.
Who sued to stop summary expulsions?
On Feb. 3, 2025, RAICES, Las Americas Immigrant Advocacy Center, and the Florence Project sued in federal court in Washington, D.C. The ACLU of the District of Columbia reports the groups were represented by the ACLU, the National Immigrant Justice Center, and others.
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The suit sought to block summary expulsions under the proclamation. Plaintiffs argued federal law preserves access to asylum, statutory withholding, and torture protection. They asked for relief covering all affected migrants, not only named plaintiffs.
Why did judges block the shutdown?
On July 2, 2025, U.S. District Judge Randolph Moss granted summary judgment for plaintiffs in a 128-page opinion.
He held neither INA 212(f) nor the Constitution lets the president abrogate those protections, according to SRN News reporting on the Associated Press ruling Reason reported that Moss certified a class of all people who are or will be subject to the proclamation and present in the United States. That step allowed class-wide injunctive relief despite limits on nationwide injunctions. One order could therefore protect current and future class members.
What does the appeal decision change?
On April 24, 2026, a D.C. Circuit panel affirmed in an opinion by Judge J. Michelle Childs, joined by Judge Cornelia Pillard. It held Congress did not grant broad removal power through authority to suspend entry by proclamation, according to the American Civil Liberties Union press release The National Immigrant Justice Center said the administration used a false invasion claim and endangered tens of thousands.
Judge Justin Walker concurred in part but dissented on closing asylum, CBS News reported, arguing the president can categorically deny asylum applications. That split signals a likely issue for further appeal. The Associated Press reported the government can no longer use the challenged summary procedures for southern-border migrants but may seek full-circuit rehearing or Supreme Court review. For affected readers, practical steps include:.
- Save any border-encounter, detention, or removal paperwork showing processing under the proclamation
- Keep proof of presence in the United States and any prior asylum request
- Get advice from a qualified immigration legal aid provider before acting
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