Short Answer:
On January 20, 2025, President Trump signed a proclamation that effectively bans asylum claims at U.S. border ports of entry. This drastic shift, known as the “port of entry asylum ban,” has triggered a new class-action lawsuit filed by immigrant rights groups. The lawsuit challenges the ban as illegal under U.S. and international law. In this guide, we explain what the proclamation does, who it affects, the legal challenges underway, and what asylum seekers can do now.
Table of Contents:
- What the 2025 Proclamation Did
- The Lawsuit and Its Legal Arguments
- How the Ban Affects Asylum Seekers
- Options for Filing Asylum in 2025
- Why Legal Help Matters
- Frequently Asked Questions (FAQ)
- Call to Action: Schedule a Legal Consultation
Introduction to the Asylum Crisis
The United States has long been a destination for people seeking safety from persecution, violence, and war. However, in recent years, the process for asylum seekers to access protection at the southern border has become increasingly restrictive. The Trump administration’s policies marked a turning point, introducing a de facto asylum ban that made it much harder for individuals to seek asylum in the U.S. These measures included limiting the number of asylum seekers allowed to present themselves at ports of entry and implementing Asylum Cooperative Agreements, which enabled the federal government to send asylum seekers to third countries instead of allowing them to pursue their claims in the U.S.
Advocacy organizations, such as the American Civil Liberties Union, have responded by filing lawsuits in federal court, arguing that these policies violate both federal law and international obligations to protect refugees. As a result, the southern border has become a flashpoint in the national debate over immigration laws, with thousands of asylum seekers facing prolonged waits, uncertain legal status, and the risk of deportation. The ongoing legal battles and policy changes have left many asylum seekers in limbo, highlighting the urgent need for a fair and humane asylum process.
History of the Asylum Ban
The roots of the current asylum ban can be traced back to the Obama administration, which first implemented the “metering” policy at ports of entry along the southern border. Metering limited the daily number of asylum seekers who could request asylum, creating long waitlists and significant barriers to protection. When the Trump administration took office, it dramatically expanded these restrictions through a series of executive actions and regulatory changes.
The Trump administration’s Asylum Ban 1.0 declared that anyone who entered the U.S. between official ports of entry would be ineligible for asylum, regardless of their reasons for fleeing their home country. This was soon followed by Asylum Ban 2.0, which further restricted eligibility by barring asylum seekers who had traveled through a third country without first seeking protection there. The administration justified these measures as necessary for national security and to prevent abuse of the asylum system.
However, these policies faced immediate and sustained legal challenges from advocacy groups, including the Southern Poverty Law Center and the American Civil Liberties Union. In the landmark case East Bay Sanctuary Covenant v. Trump, a federal judge found that the administration’s actions were likely to cause irreparable harm to asylum seekers and violated federal law. The court issued a preliminary injunction, recognizing that the plaintiffs were likely to succeed in proving that the asylum ban unlawfully denied people the right to seek protection at ports of entry along the southern border. These legal battles have shaped the ongoing fight over asylum seekers’ rights and the future of U.S. asylum policy.
What the 2025 Proclamation Did
Trump’s 2025 Executive Action: Key Points
- Signed: January 20, 2025
- Title: Proclamation 10888: Guaranteeing the States Protection Against Invasion
- Scope: Applies to the entire southern U.S. border
- The Trump administration issued this proclamation as part of a broader effort to tighten border controls and limit asylum access.
Core Effects of the Proclamation:
- Blocks asylum access at ports of entry for anyone considered part of an “invasion.”
- Cancels all CBP One appointments, which had been used to schedule asylum interviews.
- Orders immediate repatriation or removal of migrants presenting at the border.
- Adds new medical and criminal documentation requirements for asylum applicants. These changes further restrict asylum eligibility, making it more difficult for many migrants to qualify for protection.
- Limits humanitarian parole and other forms of discretionary relief. The proclamation also revives elements of the transit ban, which previously barred asylum seekers who traveled through third countries without seeking protection there.
Why It Matters:
This proclamation directly conflicts with the Immigration and Nationality Act (INA), which requires the U.S. to accept asylum claims from anyone physically present in the country who fears persecution.
View the Proclamation on the Federal Register
The Lawsuit and Its Legal Arguments
Case Name: Al Otro Lado v. Trump
Filed: June 11, 2025
Jurisdiction: Federal District Court, Southern District of California (San Diego)
A class-action lawsuit was filed by Al Otro Lado and several individual plaintiffs challenging the Trump administration’s border asylum ban. This is one of several pieces of litigation challenging the legality of the border asylum ban. In recent years, asylum seekers sued the federal government over similar restrictions, arguing that such policies unlawfully prevent them from seeking protection.
3.1 Plaintiffs and Legal Representation
The plaintiffs are represented by the American Civil Liberties Union (ACLU), Southern Poverty Law Center, and the Center for Gender & Refugee Studies. Neela Chakravartula, associate director of litigation at the Center for Gender & Refugee Studies, has been instrumental in leading these legal efforts. Other organizations, such as Innovation Law Lab, have also played a key role in challenging border policies in court.
3.2 Legal Claims
The lawsuit alleges that the border asylum ban violates the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA), and the United States’ obligations under international law. The case is part of a broader trend of asylum case litigation in federal courts, focusing on the impact of restrictive border policies.
Who Filed the Suit:
- Center for Gender & Refugee Studies
Neela Chakravartula, associate director of litigation at the Center for Gender & Refugee Studies, has been instrumental in leading these legal efforts. - American Immigration Council
- Democracy Forward
- Center for Constitutional Rights
Other organizations, such as Innovation Law Lab, have also played a key role in challenging border policies in court.
Legal Claims:
- Violation of the INA: The suit argues the president does not have authority to suspend asylum lawfully guaranteed under INA §208.
- Violation of International Law: The ban violates treaties like the 1951 Refugee Convention.
- Due Process Violations: The sudden cancellation of CBP One appointments and expulsions deny migrants any meaningful legal process.
The case is part of a broader trend of asylum case litigation in federal courts, focusing on the impact of restrictive border policies.
What the Plaintiffs Want:
- Immediate injunction halting the ban
- Restoration of canceled CBP One appointments
- Reopening of ports of entry to asylum seekers
Status:
- Complaint filed and served
- Government response pending
- Preliminary hearing expected Summer 2025
Related Litigation: A separate case in Washington, D.C. focuses on migrants already within U.S. borders.
How the Ban Affects Asylum Seekers
Immediate Consequences:
- Asylum seekers turned away at ports, even those with scheduled CBP One appointments. This has made the process of seeking asylum at the border nearly impossible for most.
- No legal screening for credible fear or persecution claims at border checkpoints.
- Return to danger: Migrants expelled to countries where they face persecution, torture, or violence.
- Uncertainty: Families stranded in Mexican border cities, often in dangerous and unsanitary conditions. Migrants are often forced to sleep in forests or abandoned buildings, where they are at risk of encountering gang members and facing kidnapping attempts. These environments can create life threatening conditions, especially for children and those with medical needs.
Migrant Outcomes Under the Asylum Ban
- 47% returned to home countries
- 39% stranded in Mexican cities
- 10% detained by ICE
- 4% missing or unaccounted for
Many migrants are considered a flight risk by authorities, leading to increased detention even when there is no evidence they pose a danger.
Example: Maria, a mother fleeing gang violence in El Salvador, had a CBP One appointment for Jan. 21. On Trump’s first day, her slot was canceled. She remains in Reynosa with her two children, with no option to rebook.
Options for Filing Asylum in 2025
Can You Still File Asylum in the U.S.?
Yes – but only if you are physically present inside the U.S.
1. File Affirmative Asylum with USCIS
- Form: I-589
- Deadline: Within 1 year of entry
- No filing fee
- Available to those not in removal proceedings
Filing an asylum application is the first step in seeking protection, but recent policy changes have made it more difficult to submit asylum applications at the border.
2. File Defensive Asylum in Court
- For those in removal or expedited removal
Defensive asylum is for individuals who are already in removal or expedited removal proceedings. These cases are heard in immigration court, where the applicant must defend against removal by proving eligibility for asylum. Asylum proceedings in immigration court can be lengthy and complex, with outcomes often hinging on access to legal representation and process protections.
- Represented by counsel before immigration judges
Applicants may be represented by counsel before immigration judges, which can significantly improve their chances of success. Immigration court judges are responsible for ensuring a fair procedure and upholding due process rights for all applicants. Advocates continue to push for a full and fair procedure in all asylum cases, including those involving expedited removal.
3. Explore Other Legal Pathways:
- Refugee resettlement through UNHCR
- Family-based petitions (I-730 follow-to-join)
- Humanitarian visas (U visa, T visa, VAWA, etc.)
Third countries must provide equivalent temporary protections to ensure that individuals are not returned to danger while their claims are processed. - Temporary Protected Status (TPS) if eligible
- Withholding of removal or CAT protection
Some individuals may qualify for refugee status through international resettlement programs, which offer an alternative to the asylum process.
Access to work permits is also affected by recent court rulings, which have restored eligibility for many asylum seekers.
4. Legal Resources:
- USCIS Asylum Resource Page
- ICE Portal for Case Info
- U.S. Department of State Visa Info
Frequently Asked Questions (FAQ) About Trump Ban on Asylum at Border
What is Trump’s 2025 border asylum ban?It is a proclamation issued in 2025 that bars most noncitizens from applying for asylum if they enter the U.S. without using an official port of entry and without first seeking protection in a third country en route to the United States.
What is the “port of entry asylum ban”?It is a policy banning all asylum claims made at official U.S. ports of entry along the southern border. Some advocates refer to the policy as a so called ‘asylum ban,’ questioning its legality and humanitarian impact.
Can I still apply for asylum in 2025?Yes – if you are already inside the United States.
Are CBP One appointments still valid?No. All prior appointments were canceled on Jan. 20, 2025.
What if I’m stuck in Mexico?You currently cannot lawfully seek asylum at a port of entry. Consider contacting legal counsel for options.
Does the lawsuit apply to me?If you were waiting to present asylum at the border, you may be covered by the class-action suit.
Is it still worth seeking legal help?Absolutely. An attorney can explain your rights and help you apply through alternate pathways.
Will the ban be overturned?It’s possible. Court decisions in the coming months could block or limit the ban’s scope.
Does the ban apply to all asylum seekers at the southern border?Yes, with limited exceptions. The ban targets those who cross between ports of entry and did not apply for asylum in another country they passed through.
Can someone still apply for asylum at an official port of entry?In theory, yes. But the administration has sharply limited access by capping daily entries, requiring appointments via CBP One, and implementing long wait times that effectively block access.
What is CBP One and how does it affect asylum at ports of entry?CBP One is a mobile app that requires asylum seekers to schedule an appointment to present at a port of entry. Without an appointment, individuals are often turned away—even if they are in danger.
Why are there lawsuits challenging the asylum ban?Immigrant rights groups argue the ban violates U.S. asylum law, particularly the Immigration and Nationality Act (INA), which guarantees the right to seek asylum regardless of manner of entry.
Which court cases are challenging the asylum ban?Major cases include:
- East Bay Sanctuary Covenant v. Biden (updated version from earlier Trump-era litigation)
- Las Americas Immigrant Advocacy Center v. Biden (challenging use of CBP One and turnbacks)
- Al Otro Lado v. Mayorkas (challenging metering and port access denial) In several cases, a judge ruled in favor of asylum seekers, ordering the government to halt enforcement of certain bans.
What does the law say about applying for asylum regardless of how someone enters?Section 208 of the INA (8 U.S.C. § 1158) says that any noncitizen physically present in the U.S., regardless of status or entry method, may apply for asylum—with narrow exceptions.
Is it legal to deny asylum seekers access at ports of entry?That is the central legal issue. Courts have ruled in past cases (e.g., Al Otro Lado) that systematically turning away asylum seekers at ports may violate U.S. and international law.
Are people being physically blocked from entering ports of entry?Yes, many asylum seekers are turned away by CBP officers or Mexican authorities under U.S. instruction if they lack a CBP One appointment, despite presenting themselves lawfully.
What happens to people who cross between ports because they are blocked at ports of entry?Under the ban, those who cross unlawfully between ports are presumed ineligible for asylum unless they can prove extraordinary circumstances or qualify for narrow exceptions.
Are there exceptions to the ban?Yes, including:
- Minors traveling alone
- Those facing acute medical emergencies
- Those facing severe threats (e.g., imminent danger or kidnapping)
- People who can’t use CBP One due to language, literacy, or disability barriers
How does the asylum ban affect people from countries like Venezuela or Haiti?Many do not have a viable option to seek protection in transit countries and are thus disproportionately affected. The ban applies unless they qualify for one of the narrow exceptions.
How does this policy compare to Trump’s 2018 and 2019 asylum bans?It’s similar in restricting eligibility based on manner of entry or failure to apply elsewhere, but 2025’s version incorporates tech barriers (like CBP One) and revived elements of Title 42 turnbacks.
What is the history of the asylum ban and metering?The origins of metering and other restrictions can be traced back to policies under President Barack Obama, which were later expanded by the Trump administration’s executive actions.
How has the policy evolved over time?The Trump administration’s approach to border enforcement has been widely debated and challenged in court.
Have any courts blocked the ban yet?As of mid-2025, litigation is ongoing. Several courts have allowed the policy to remain in place temporarily while reviewing legal challenges on the merits.
Can you be deported while your asylum claim is pending under the new rule?Yes, especially if you are deemed ineligible under the ban and fail to pass a credible fear screening under the higher “withholding/CAT-only” standard.
Does the new ban affect unaccompanied minors?No. Unaccompanied children remain exempt under the law and court rulings, although they still face logistical barriers and long delays.
How does the ban interact with international law?Advocates argue it violates the Refugee Convention and Protocol, which prohibit returning people to danger without full consideration of their claim for protection.
What should asylum seekers do now if they are trying to enter the U.S. at the southern border?
- Try to use CBP One to secure an appointment
- Document any turnbacks or barriers
- Contact a legal service provider as early as possible
- Know and assert your right to seek protection, even if denied at a port
Can people in the U.S. help family members stuck at the border?Yes. They can help collect evidence, locate legal assistance, raise public awareness, and in some cases submit humanitarian parole or sponsorship requests.
What happens if a judge finds the ban unlawful?If a federal court strikes down the ban, the administration may be ordered to stop applying it. Past rulings have blocked similar Trump-era policies.
How is CBP One exacerbating inequality in access to asylum?The app disadvantages:
- People with no internet or smartphones
- People who speak Indigenous languages
- Those in dangerous areas with limited safety or mobility
Is there a safe third country agreement in place that justifies this ban?Currently, the U.S. does not have formal Safe Third Country agreements with most transit countries. The administration’s reliance on a “transit bar” has no firm legal foundation under U.S. law.
What if someone is turned back at the port and later harmed or killed?There are legal and human rights consequences for the U.S. government if its policies result in refoulement—returning people to persecution or danger.
Can people still apply for protection under the Convention Against Torture (CAT)?Yes, but the standard is much higher than asylum, and it does not lead to permanent residence or family reunification.
Is it possible to reapply or appeal if asylum is denied under this policy?Yes, but options are limited. Individuals can:
- Request review before an immigration judge
- File an appeal with the BIA
- Petition for review in federal court (but this can take years)
What are the long-term consequences of this asylum ban?
- Fewer people may be granted protection
- More may be deported despite legitimate claims
- There may be long-lasting legal precedent weakening asylum protections Some individuals have ultimately been granted asylum after lengthy legal battles.
Does the asylum ban apply at the northern border (e.g., from Canada)?No, this ban focuses on the southern land border. However, access issues at northern ports of entry have also been reported.
How does this policy affect asylum seekers from LGBTQ+ communities or others with unique persecution claims?It creates additional hurdles, especially if they are turned back or forced to stay in dangerous transit countries where they also face threats.
Are there any legislative efforts to reverse or block this policy?Several members of Congress have spoken out against the policy, and some have proposed bills to restore full asylum access—but passage is uncertain.
What are legal experts saying about this ban?Many argue it is legally and morally indefensible, as it contradicts both U.S. asylum law and global human rights obligations.
Is this policy likely to go to the Supreme Court?Yes. Given the significance and similarity to past cases, it’s likely the current or a future version of the policy will be reviewed by the Supreme Court.
What other related policies should I know about?The travel ban, which restricted entry from certain countries, was also subject to extensive litigation and court rulings.
What dangers do migrants face on their journey?Many asylum seekers travel through Central America, facing significant risks along the way.
How are specific groups affected by these policies?Central American migrants are particularly affected by these policies, often facing additional barriers to protection.
Who enforces detention and removal at the border?ICE agents play a key role in enforcing detention and removal orders at the border.
What about conditions in detention?Advocates have called for greater oversight of ICE facilities to ensure humane treatment of detainees.
What are the grounds for asylum eligibility?Political opinion is one of the grounds for asylum eligibility under U.S. law.
How has work authorization for asylum seekers changed?Two rules implemented during the Trump administration restricted access to work permits, but recent court decisions have restored eligibility for many asylum seekers.
Call to Action: Book a Consultation with Attorney Richard Herman
If you or a loved one is affected by the Trump border asylum ban, don’t wait. Your legal options may be time-sensitive. Immigration attorney Richard Herman can guide you through the asylum process, explain your rights, and help you build the strongest case possible.
Schedule a consultation today with the Herman Legal Group. Serving clients nationwide.
Protect your future. Defend your rights. Get legal help now.
Why Legal Help Matters
Top Reasons to Hire an Immigration Attorney:
- Interpret confusing policies like the asylum ban and determine your eligibility for relief.
- Ensure correct and timely filing of Form I-589 or other applications.
- Represent you in court, including challenging removal orders or expedited deportations.
- Monitor and join class-action lawsuits when eligible.
- Connect with community resources for housing, food, or emergency support.
Attorney Highlight: Richard Herman
With over 30 years of experience, Richard Herman and the Herman Legal Group specialize in asylum, family-based immigration, and removal defense.
Need Legal Help Navigating the Asylum Ban?
If you or a loved one is impacted by these restrictions—or is afraid of being turned away or deported—you do not have to face it alone. Contact immigration attorney Richard Herman at the Herman Legal Group for experienced, compassionate, and strategic legal guidance.
Schedule a confidential consultation now:
www.LawFirm4Immigrants.com
📞 Toll-Free: 1-800-808-4013
💻 Book Online: www.LawFirm4Immigrants.com/consultation
Official Government Sources
- USCIS – Asylum Overview
https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum - U.S. Customs and Border Protection – Southwest Border Encounters
https://www.cbp.gov/newsroom/stats/southwest-land-border-encounters - EOIR Policy Manual: Asylum, Withholding, CAT
https://www.justice.gov/eoir/eoir-policy-manual - DHS Federal Register Notices – Asylum-Related Rules
https://www.federalregister.gov/agencies/homeland-security-department - U.S. Department of State – Refugee & Asylum Country Reports
https://www.state.gov/reports-bureau-of-democracy-human-rights-and-labor/
Lawsuit and Litigation Resources
- Case: Las Americas Immigrant Advocacy Center v. Biden (2023-present)
https://www.aclu.org/cases/las-americas-v-biden - ACLU’s Litigation Overview on Border Asylum Ban
https://www.aclu.org/news/immigrants-rights/trumps-new-border-asylum-ban - Center for Gender & Refugee Studies (CGRS) – Legal Challenges Tracker
https://cgrs.uchastings.edu/our-work/litigation - TRAC Immigration – Asylum Denial and Litigation Data
https://trac.syr.edu/phptools/immigration/asylum/ - National Immigration Litigation Alliance (NILA) – Border Litigation Updates
https://immigrationlitigation.org/
Policy & Legal Analysis
- National Immigration Law Center (NILC) – Policy Briefs on Asylum Bans
https://www.nilc.org/issues/immigration-enforcement/ - American Immigration Council – Explainers on Border and Asylum Policy
https://www.americanimmigrationcouncil.org/topics/asylum - Migration Policy Institute – Analysis of Asylum Processing Trends
https://www.migrationpolicy.org/
Advocacy & Asylum Support
- Asylum Seeker Advocacy Project (ASAP)
https://www.asylumadvocacy.org/ - RAICES – Texas Border & Asylum Defense
https://www.raicestexas.org/ - Kids in Need of Defense (KIND) – Children’s Asylum Protection
https://supportkind.org/ - HIAS – Legal Support for Asylum Seekers
https://www.hias.org/
Media & Legal Journalism on Trump’s 2025 Asylum Policy
- Lawfare Blog – Legal Analysis of Trump’s Asylum Proclamations
https://www.lawfareblog.com/ - Just Security – Asylum Restrictions and Constitutional Issues
https://www.justsecurity.org/ - ImmigrationProf Blog – Legal Scholars’ Take on the Asylum Ban
https://lawprofessors.typepad.com/immigration/
