NORTHERN MEXICO — Two federal courts have issued rulings against the approximately 18-month suspension of U.S. asylum access at the southern border. In April, the U.S. Court of Appeals for the District of Columbia Circuit affirmed a lower court decision, declaring the president's border proclamation unlawful.
The appellate court ruled that Congress authorized the president to suspend entries but did not grant authority to bypass statutory deportation procedures or the right to seek asylum. The president had announced the suspension of entry for immigrants described as involved in an invasion across the southern border on his first day back in office.
Executive policies implemented a summary deportation process and restricted migrants from applying for asylum under U.S. law. The administration terminated several humanitarian visa pathways in January 2025. The president also suspended the U.S. refugee resettlement program on his first day in office and has prioritized refugee resettlement for white South Africans.
An individual identified as Saboor uses a pseudonym for security purposes. Saboor, who previously worked for the Afghan government before the Taliban regained control in 2021, identifies as a member of a religious and ethnic minority in Afghanistan. His family traveled to Brazil on a humanitarian visa before relocating to northern Mexico.
Saboor's family was ordered to leave Mexico within a month. "Blocking access to asylum is like pouring cold water on someone's hopes." Saboor said.
"People being sent to places where they will be severely harmed or tortured or killed without any screening, without any review of their case is deeply problematic. Frankly, it's un-American." Laura St. John, a legal director, said.
"The Justice Department will continue to vigorously defend the President's immigration enforcement agenda whenever it's challenged in federal court," a department representative said.
Customs and Border Protection stated that the agency strongly disagrees with the court ruling and expects to prevail in litigation. U.S. law mandates entry through official ports, but permits individuals who have entered the country to apply for asylum.