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U.S. Resumes Asylum Processing After Appeals Court Limits Trump’s Ban

Despite the D.C. Circuit’s partial upholding of the proclamation, the Justice Department is considering a Supreme Court appeal

A U.S. Customs and Border Protection officer stands guard as he waits to make detainments at U.S. immigration court in Manhattan, in New York City, U.S., July 22, 2025. REUTERS/David 'Dee' Delgado/File Photo
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Overview

  • A three‐judge D.C. Circuit panel ruled the asylum ban cannot fully suspend humanitarian safeguards under U.S. law and the UN Convention Against Torture DHS instructed Customs and Border Protection to halt deportations under the proclamation and revert to standard procedures, including expedited removal with credible‐fear reviews
  • President Trump’s January proclamation had empowered agents to summarily deport migrants without asylum screenings and has been credited with pushing July’s border apprehensions to record lows
  • In July a lower federal judge blocked the ban, finding the president exceeded his authority by declaring an emergency and overriding established immigration laws
  • Justice Department officials are evaluating whether to ask the Supreme Court for a stay to restore the ban’s full restrictions