REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES v. MARKWAYNE MULLIN, SECRETARY OF THE U.S. DEPARTMENT OF HOMELAND SECURITY
April 24, 2026·25-5243·Panel Decision·Circuit Judge CHILDS·By Aisha Johnson
The United States Court of Appeals for the District of Columbia Circuit ruled that the Proclamation and Guidance issued by President Trump, which circumvented the Immigration and Nationality Act's removal procedures, were unlawful.
The case involved a challenge to President Trump’s Proclamation 10888, which suspended entry and altered removal procedures for certain individuals crossing the southern border.
The court’s reasoning
The court concluded that the INA’s text, structure, and history did not grant the Executive the authority to implement new removal procedures that bypass the INA’s established processes.
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.
What it means going forward
The decision limits the Executive’s ability to alter immigration procedures without Congressional approval.
