President Donald Trump’s effort to outright ban migrants who cross the U.S.-Mexico border from seeking asylum has been struck down in court, setting up a likely Supreme Court showdown on one of his signature immigration policies.
In a 2-1 decision, the D.C. Circuit Court of Appeals rejected Trump’s effort to unilaterally deny migrants asylum, ruling that the Immigration and Nationality Act, a federal law that allows for migrants to seek asylum once they have entered the U.S., does not allow for the president to suspend such claims.
“Barring foreign individuals who are physically present in the United States from applying for asylum and, if they make the statutory showing that they are eligible, from being considered to receive it cannot be squared with the statute,” Judge Michelle Childs, a Biden appointee, wrote in the decision.
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