Day-one asylum suspension (Proclamation 10888)

Status: Partially blocked — RAICES v. Noem (D.C. Cir. No. 25-5243 (appeal from D.D.C. No. 1:25-cv-00306, Moss, J.))

D.C. Circuit panel ruled the asylum suspension unlawful (Apr 24, 2026); government's petition for rehearing en banc is pending (filed Jun 8, 2026), so the panel mandate has not issued. An Aug 1, 2025 partial stay keeps the asylum-suspension portion operating at the southern border while withholding-of-removal and Convention Against Torture screening remain mandatory.

Next step: D.C. Circuit ruling on the government's petition for rehearing en banc (filed Jun 8, 2026); if rehearing is denied the administration is expected to seek Supreme Court certiorari. No date set.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

D.C. Circuit panel ruled the asylum suspension unlawful (Apr 24, 2026); government’s petition for rehearing en banc is pending (filed Jun 8, 2026), so the panel mandate has not issued. An Aug 1, 2025 partial stay keeps the asylum-suspension portion operating at the southern border while withholding-of-removal and Convention Against Torture screening remain mandatory.

Who it affects

Affects noncitizens present in or arriving at the U.S. southern border who seek asylum — the litigation covers a certified nationwide class of all individuals subject to Proclamation 10888 who are now or will be present in the United States. Because of a partial appellate stay, the proclamation’s bar on asylum still operates at the border, while withholding-of-removal and Convention Against Torture protection screening remains available.

How it got here

  1. Jan 20, 2025 President issues Proclamation 10888 ('Guaranteeing the States Protection Against Invasion'), declaring an invasion at the southern border and suspending asylum/entry under INA 212(f) and 215(a).
  2. Jul 2, 2025 District Judge Randolph Moss grants summary judgment for plaintiffs, holds the proclamation/guidance unlawful, certifies a nationwide class, vacates the policy and enjoins its implementation (relief stayed 14 days).
  3. Aug 1, 2025 D.C. Circuit grants the government's stay motion in part: stays the district court's asylum ruling (asylum suspension continues at the border) but leaves withholding-of-removal and CAT protection screening mandatory.
  4. Apr 24, 2026 D.C. Circuit panel (2-1) affirms the district court, holding Proclamation 10888 and the DHS guidance unlawful; INA 212(f) does not authorize displacing the INA's removal procedures or barring asylum for those present in/arriving at the US.
  5. Jun 8, 2026 Government files a petition for rehearing en banc; the panel mandate is withheld pending its resolution.

What to watch next

D.C. Circuit ruling on the government’s petition for rehearing en banc (filed Jun 8, 2026); if rehearing is denied the administration is expected to seek Supreme Court certiorari. No date set.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.