U.S. border agents have been directed to stop deporting migrants under President Trump’s ban on asylum claims, following a federal court order that said the measure could not be used to completely suspend humanitarian protections for asylum-seekers, two Department of Homeland Security officials told CBS News.
The move effectively lifts a sweeping policy that had closed the American asylum system to those entering the U.S. illegally or without proper documents. It’s a measure the second Trump administration has credited for a steep drop in illegal immigration at the U.S.-Mexico border, where officials last month reported the lowest monthly level of migrant apprehensions on record.
Mr. Trump’s asylum crackdown was unprecedented in scope. The proclamation underpinning it, issued just hours after he returned to the White House in January, gave U.S. border officials the power to summarily deport migrants without allowing them to request asylum, a right enshrined in American law for decades.
Mr. Trump said the extraordinary action was necessary due to what he called an “invasion” of migrants under the Biden administration, which faced record levels of illegal crossings at the southern border until it too restricted asylum last year.
On Friday, a federal appeals court lifted its pause on a lower judge’s ruling that found Mr. Trump’s decree violated U.S. asylum laws. While the appellate court narrowed the lower court’s order, saying Mr. Trump’s proclamation could be used to pause access to the asylum system, it also ruled the U.S. government could not disregard other laws that bar officials from deporting migrants to places where they could be tortured or persecuted.
Those laws require the U.S. to grant legal protections — known as “withholding of removal” and protection under the United Nations Convention Against Torture — to migrants who prove they would likely face persecution or torture if deported to their home countries. Unlike asylum, those protections do not allow recipients to get permanent U.S. residency or protect them from being deported to a third party country.
Officials at Customs and Border Protection were instructed this weekend to halt deportations under Mr. Trump’s proclamation and to process migrants under U.S. immigration law, which affords foreigners on American soil the right to request humanitarian refuge, the two DHS officials said, requesting anonymity to discuss an internal directive.
CBP officials received instructions to process migrants through different mechanisms, including through a fast-track deportation procedure known as expedited removal, according to the DHS officials. While expedited removal allows for relatively quick deportations, migrants processed under the policy are also allowed to apply for asylum if they convince officials that their fears of being harmed if deported are credible.
For months, U.S. border agents had been using Mr. Trump’s asylum ban to swiftly deport those crossing into the country illegally to Mexico, their home countries and, in some cases, third party nations that had agreed to accept them. Internally, officials have dubbed those deportations “212(f) repatriations,” in reference to the legal authority Mr. Trump invoked in his proclamation.
While the lifting of Mr. Trump’s order may reopen the U.S. asylum system, those caught crossing the southern border illegally will likely remain detained while officials vet their claims. The Trump administration has largely stopped the practice of releasing migrants into the U.S. while they await their court dates, limiting releases to cases involving extraordinary circumstances.
The Justice Department could also try to get Friday’s court order suspended by the Supreme Court, in a bid to revive Mr. Trump’s asylum ban.
Representatives for DHS did not immediately respond to requests for comment.
After soaring to record levels in late 2023, illegal border crossings dropped sharply in former President Biden’s last year office, following increased efforts by Mexico to interdict U.S.-bound migrants and an order issued by Biden in June 2024 to restrict access to the American asylum system. But they have plunged even further since Mr. Trump took office for a second time.
In July, Border Patrol encountered just 4,600 migrants along the southern border, the lowest monthly tally ever publicly reported by the agency. It’s also a figure the Biden administration recorded in 24 hours on many days.
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