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Appeals court rules that Trump's asylum ban at the border is illegal
Legal Marketing | 2026/04/30 19:00

An appeals court on Friday blocked President Donald Trump's executive order suspending asylum access at the southern border of the U.S., a key pillar of the Republican president's plan to crack down on migration.

A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit found that immigration laws give people the right to apply for asylum at the border, and the president can't circumvent that.

The court opinion stems from action taken by Trump on Inauguration Day 2025, when he declared that the situation at the southern border constituted an invasion of America and that he was "suspending the physical entry" of migrants and their ability to seek asylum until he decides it is over.

The panel concluded that the Immigration and Nationality Act doesn't authorize the president to remove the plaintiffs under "procedures of his own making," allow him to suspend plaintiffs' right to apply for asylum or curtail procedures for adjudicating their anti-torture claims.

"The power by proclamation to temporarily suspend the entry of specified foreign individuals into the United States does not contain implicit authority to override the INA's mandatory process to summarily remove foreign individuals," wrote Judge J. Michelle Childs, who was nominated to the bench by Democratic President Joe Biden.

"We conclude that the INA's text, structure, and history make clear that in supplying power to suspend entry by Presidential proclamation, Congress did not intend to grant the Executive the expansive removal authority it asserts," the opinion said.

The administration can ask the full appeals court to reconsider the ruling or go to the Supreme Court.

The order doesn't formally take effect until after the court considers any request to reconsider.

White House press secretary Karoline Leavitt, speaking on Fox News, said she had not seen the ruling but called it "unsurprising," blaming politically-motivated judges.

"They are not acting as true litigators of the law. They are looking at these cases from a political lens," she said.

Leavitt said Trump was taking actions that are "completely within his powers as commander in chief."

White House spokeswoman Abigail Jackson said the Department of Justice would seek further review of the decision. "We are sure we will be vindicated," she wrote in an emailed statement.

The Department of Homeland Security said it strongly disagreed with the ruling.

"President Trump's top priority remains the screening and vetting of all aliens seeking to come, live, or work in the United States," DHS said in a statement.

Aaron Reichlin-Melnick, senior fellow at the American Immigration Council, said that previous legal action had already paused the asylum ban, and the ruling won't change much on the ground.

The ruling, however, represents another legal defeat for a centerpiece policy of the president.

"This confirms that President Trump cannot on his own bar people from seeking asylum, that it is Congress that has mandated that asylum seekers have a right to apply for asylum and the President cannot simply invoke his authority to sustain," said Reichlin-Melnick.

Advocates say the right to request asylum is enshrined in the country's immigration law and say denying migrants that right puts people fleeing war or persecution in grave danger.

Lee Gelernt, attorney with the American Civil Liberties Union, who argued the case, said in a statement that the appellate ruling is "essential for those fleeing danger who have been denied even a hearing to present asylum claims under the Trump administration's unlawful and inhumane executive order."

Las Americas Immigrant Advocacy Center, one of the plaintiffs in the lawsuit, welcomed the court decision as a victory for their clients.



Supreme Court sounds skeptical of late-arriving ballots, a Trump target
Legal Marketing | 2026/03/24 12:59

The Supreme Court's conservative majority on Monday sounded skeptical of state laws that allow the counting of late-arriving mail ballots, a persistent target of President Donald Trump.

A ruling, likely to come by late June, that bars counting ballots arriving after Election Day would send officials scrambling in 14 states and the District of Columbia, just a few months before the 2026 midterm congressional elections to change their ballot rules.

An additional 15 states that have more forgiving deadlines for ballots from military and overseas voters also could be affected.

The legal challenge is part of Trump's broader attack on most mail balloting, which he has said breeds fraud despite strong evidence to the contrary and years of experience in numerous states. Trump has repeatedly claimed that his loss to Joe Biden in 2020 resulted from fraud even though more than 60 court decisions and his own attorney general said that argument had no merit.

While there was no explicit reference to the 2020 election, several conservative justices gave voice to some of Trump's complaints. Justice Samuel Alito wondered about the appearance of fraud in situations where "a big stash of ballots" that arrive late "radically flipped" an election.

Defending the state law, Mississippi Solicitor General Scott Stewart pointed out that the Trump administration and its allies in the case have yet to submit a single case of fraud due to late-arriving mail ballots.

The court's liberal justices indicated they would uphold state laws with post-Election Day deadlines. "The people who should decide this issue are not the courts, but Congress, the states and Congress," Justice Sonia Sotomayor said.

Forcing states to change their practices just a few months before the election risks "confusion and disenfranchisement," especially in places that have had relaxed deadlines for years, state and big-city election officials told the court in a written filing.

California, Texas, New York and Illinois are among the states with post-Election Day deadlines. Alaska, with its vast distances and often unpredictable weather, also counts late-arriving ballots.

Alaska elections officials said Monday they are preparing for the fall elections under existing law. "If a ruling requires operational changes, we will work through those in coordination with the appropriate state entities to ensure compliance and to provide clear information to voters," the Alaska Division of Elections said in a statement.

Lawyers for the Republican and Libertarian parties, as well as Trump's administration, are asking the justices to affirm an appellate ruling that struck down a Mississippi law allowing ballots to be counted if they arrive within five business days of the election and are postmarked by Election Day.



Courts, BMV act after license retained after fatal crash
Legal Marketing | 2022/03/14 15:50
The Maine Bureau of Motor Vehicles and court officials have scrambled to close a gap in tracking and sharing information about criminal convictions that should result in license suspensions.

The problem surfaced when a man who pleaded guilty to manslaughter following a fatal crash during a police pursuit was arrested for causing another crash while being chased by police. Two others were injured, one of them critically, in the crash on March 4 in Paris, Maine.

The man being chased by police shouldn’t have had a license after pleading guilty last summer to the earlier crash that killed a 70-year-old driver.

A one-page document that would have allowed the BMV to process his suspension was never sent by court staff despite the BMV’s requests, and court officials suggested it was not their duty to send the paperwork because the conviction was not technically considered a driving offense under state law, the Portland Press Herald reported.

The state court’s response hinged on a technicality — he was convicted not of a driving offense but manslaughter. In Maine, there’s no separate conviction for “vehicular manslaughter.”

On Friday, officials including Secretary of State Shenna Bellows and Valerie Stanfill, chief justice of the Maine Supreme Judicial Court, came to an agreement on correcting the problem, the newspaper reported.

But the Portland Press Herald reported that representatives of the courts and secretary of state declined to discuss specifics.

The agreement with the courts will encompass convictions connected to use of a vehicle but not specifically included in the driving statute, said Emily Cook, spokesperson for Bellows.


1-year-old goes to court to get reunited with family
Legal Marketing | 2018/07/09 16:44
The 1-year-old boy in a green button-up shirt drank milk from a bottle, played with a small purple ball that lit up when it hit the ground and occasionally asked for "agua."

Then it was the child's turn for his court appearance before a Phoenix immigration judge, who could hardly contain his unease with the situation during the portion of the hearing where he asks immigrant defendants whether they understand the proceedings.

"I'm embarrassed to ask it, because I don't know who you would explain it to, unless you think that a 1-year-old could learn immigration law," Judge John W. Richardson told the lawyer representing the 1-year-old boy.

The boy is one of hundreds of children who need to be reunited with their parents after being separated at the border, many of them split from mothers and fathers as a result of the Trump administration's "zero-tolerance policy." The separations have become an embarrassment to the administration as stories of crying children separated from mothers and kept apart for weeks on end dominated the news in recent weeks.

Critics have also seized on the nation's immigration court system that requires children — some still in diapers — to have appearances before judges and go through deportation proceedings while separated from their parents. Such children don't have a right to a court-appointed attorney, and 90 percent of kids without a lawyer are returned to their home countries, according to Kids in Need of Defense, a group that provides legal representation.



Demonstrators force Fox crew from Supreme Court broadcast
Legal Marketing | 2018/07/08 15:37
Fox News' Shannon Bream said the network had to move a planned live broadcast indoors after she and her crew felt threatened by demonstrators outside the U.S. Supreme Court on Monday following President Donald Trump's nomination of Brett Kavanaugh.

People shouted obscenities at Bream and her crew, crowded around and touched crew members as they prepared to air Fox's 11 p.m. Eastern hour from the location two hours after the nomination, she said.

"I've been in the middle of many protesters and signs and chanting and we all do our jobs," Bream said Tuesday. "But last night had a different feel to it."

Bream said Fox felt specifically targeted, although she said other reporters had a difficult time with the crowd. Disturbed by the scene, Fox executives made the decision to move to a nearby studio. Bream had been at the court for several hours, doing live reports during several programs.

The incident on an emotional political night exposed Fox News to a threatening atmosphere frequently faced by reporters at other news organizations at Trump rallies. CNN White House correspondent Jim Acosta recently described how an elderly woman swore at him and tried to get him to leave one of Trump's recent rallies.

Bream, who has covered the Supreme Court for 11 years, said that often during demonstrations security separates demonstrators from the press with barricades, but they weren't on duty Monday night. She recalled only one other similar situation, but that happened during daylight hours.



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