Closing the southern border to asylum by proclamation

What happened

Federal law says anyone physically present in the United States may apply for asylum. The proclamation and the Homeland Security guidance that followed replaced the removal process Congress wrote with summary procedures. Administration officials repeatedly credited the proclamation when pointing to a sharp drop in illegal crossings. RAICES and other advocacy groups sued about two weeks after it was signed.

Where it stands

On July 2, 2025, Judge Randolph Moss ruled the policy unlawful for a class of asylum seekers, writing that neither the Constitution nor immigration law lets a president adopt 'an alternative immigration system.' On April 24, 2026, a divided panel of the D.C. Circuit upheld him, holding that the proclamation and guidance ignored the laws Congress enacted. Judge Justin Walker, a Trump appointee, would have let migrants seek other forms of protection but not asylum. The appeals ruling was put on hold, so the restrictions have stayed in effect, and in August 2026 the administration asked the Supreme Court to take the case. The reporting we found shows no decision yet on whether it will.

The administration's side

The administration says the immigration law's provision letting a president suspend the entry of noncitizens authorizes the policy. Its Supreme Court filing says the ruling threatens to dismantle what Homeland Security Secretary Markwayne Mullin calls an indispensable tool for controlling the border, and that the progress made there could evaporate if the ruling takes effect. After the appeals ruling, a Homeland Security spokesman said it would not be the last word.

Sources

• CNN
• SCOTUSblog
• ACLU
• Center for Gender and Refugee Studies (case page)
• Center for Immigration Studies