The appellate court of DC has barred the Trump administration from a strategy to effectively wipe out the asylum program for many new applicants. In a nutshell: executive branch must use the removal and asylum procedures Congress enacted; it cannot replace them by presidential proclamation and agency guidance.
In Refugee and Immigrant Center for Education and Legal Services, et al. v. Markwayne Mullin, Secretary of DHS, the D.C. Circuit ruled on April 24 that the government’s power to suspend entry under certain statutory provisions does not include a power to create new removal procedures for people already inside the United States.
President Trump’s Proclamation 10888, issued on January 20, 2025, described the southern-border situation as an “invasion” and sought to suspend entry for people crossing the southern border outside a “designated port of entry” and also for certain people entering at ports without sufficient documents. DHS guidance created a new procedure called “Direct Repatriation.” The court ruled this illegal. The court emphasized the language in immigration law saying that any person who is physically present in the United States or who arrives in the United States may apply for asylum “irrespective” of status and “whether or not” they arrived at a designated port.
Other initiatives to cut the asylum program:
work authorization A February 2026 proposed rule would change employment authorization for people with pending asylum applications by extending the waiting period to apply for a work permit to 365 days. there is a multiyear backlog in immigration court asylum hearings.
More intensive screening, vetting, and prioritization of asylum-related applications. The February proposal also says USCIS could prioritize asylum adjudication when derogatory information appears during review of a work-authorization application.
Replacement of judges. More than 100 immigration judges have been terminated or pressured to resign from the approximately 750 serving judges. In several high-profile cases, judges were fired immediately after ruling against the administration, including two judges who dismissed deportation cases involving pro-Palestinian student activists. The administration has appointed 143 new judges to replace those removed, including many former immigration prosecutors from the Department of Homeland Security and military attorneys. During training sessions for new judges in October 2025, top immigration court leaders instructed recruits that asylum “should be granted only in rare circumstances”. Former immigration judge Jeremiah Johnson characterized the changes as “a dismantling of the court system.”