The Daily Fuckup

A federal appeals court on April 24, 2026, kept Trump’s southern-border asylum restrictions out of force, ruling that the administration could not use a proclamation and later guidance to bypass the Immigration and Nationality Act’s removal procedures and asylum protections. The case caption is Refugee and Immigrant Center for Education and Legal Services, et al. v. Markwayne Mullin, et al. The court affirmed the district court’s judgment for the plaintiffs and left the policy blocked for now. ([media.cadc.uscourts.gov](https://media.cadc.uscourts.gov/opinions/docs/2026/04/25-5243-2170245.pdf))

The D.C. Circuit said the executive branch does have authority under the immigration statutes to suspend entry in some circumstances, but not to replace the law’s separate removal system or cut off access to asylum and withholding protections for people already subject to that system. The opinion said the proclamation and guidance were unlawful to the extent they “circumvent[] the INA’s removal procedures” and set aside the statutory protections Congress wrote into the law. ([media.cadc.uscourts.gov](https://media.cadc.uscourts.gov/opinions/docs/2026/04/25-5243-2170245.pdf))

The court’s ruling was narrower than the White House’s public claims around the policy. The administration’s proclamation described the southern border as an “invasion” and said the situation had overwhelmed the system; the court did not accept that framing as a basis to override the statute. It held that if the government wants to change the asylum framework, the route runs through Congress, not through a new set of unilateral removal rules. ([media.cadc.uscourts.gov](https://media.cadc.uscourts.gov/opinions/docs/2026/04/25-5243-2170245.pdf))

A Trump-appointed judge, Justin Walker, dissented in part. But the majority opinion controls for now, and the practical result is unchanged: the asylum restrictions remain blocked unless the administration wins rehearing or persuades the Supreme Court to intervene. ([media.cadc.uscourts.gov](https://media.cadc.uscourts.gov/opinions/docs/2026/04/25-5243-2170245.pdf))