The Policy and the Legal Challenge
Trump announced the asylum curbs on January 20, 2025, hours into his second presidential term. Under the policy, migrants caught crossing the southern border illegally are barred from pursuing asylum claims. The prohibition also applies to migrants who arrive at official border crossings and lack certain medical or criminal history information, a requirement that advocates say is often impossible to meet for people fleeing violence.
Immigrant rights groups filed a class-action lawsuit challenging the policy on behalf of would-be asylum seekers who say they were denied a “credible fear” interview by US immigration officials before facing deportation. Such interviews are meant to determine whether migrants seeking asylum would face persecution in their home country based on race, religion, nationality, membership in a particular social group or political opinion.
A Washington, DC-based federal judge ruled in favor of the immigrant rights groups in July 2025. The US Court of Appeals for the District of Columbia Circuit in April upheld the judge’s ruling but largely agreed to block the decision from taking effect to let the administration appeal to the Supreme Court.