A federal appellate court instructed the Trump administration last Friday to reopen the southern border and reinstate asylum interviews. Immigration attorney Willy Allen described the ruling as "a significant decision by the Federal Court" in an interview with CiberCuba.
The D.C. Circuit Court of Appeals rendered its decision in the RAICES v. Noem case with a two-to-one vote, issuing a 122-page ruling. The court declared that the asylum ban put in place by the Trump administration at the start of his second term on January 20, 2025, is illegal.
Allen discussed the ruling during his weekly program with Tania Costa, noting that the court mandated the government to "reopen the border and allow asylum applications there," though he cautioned that practical implementation is still pending.
When asked if this means a Cuban national could now approach the border and request asylum immediately, Allen responded clearly: "Not yet, because the order just came out on Friday. It's a 122-page decision."
Although Allen had not yet reviewed the entire ruling, he anticipated that his colleagues would soon provide a detailed explanation of the document in English. He expressed confidence in the judicial system, stating, "I trust the Federal Courts." However, he foresaw pushback from the Executive Branch: "I suspect there will be an appeal. I suspect they'll drag their feet to open the border."
These suspicions are supported by the Department of Homeland Security (DHS), which declared that the ruling "will not be the final word," suggesting a potential appeal to the Supreme Court. National Security Advisor Stephen Miller denounced the decision as an "abomination."
The ruling dismissed the administration's claim that section 212(f) of the Immigration and Nationality Act allowed for the summary deportation of asylum seekers without a hearing. It declared the presidential proclamation invoking an "invasion" to justify the total closure unconstitutional.
Trump's immigration policies have severely impacted Cubans, with the asylum approval rate for Island citizens dropping to 7% nationwide. Border encounters fell from 151,000 in fiscal year 2024 to 31,944 in fiscal year 2025.
This judicial setback for Trump's asylum policy is part of a broader pattern of legal challenges the administration has faced and lost in immigration matters. Allen described this trend as inevitable.
The attorney and his colleagues are currently engaged in lawsuits to compel the government to resolve pending cases and issue citizenship appointments, expecting that federal courts will eventually mandate the resumption of these functions as well.
The Supreme Court had previously ruled on Trump's attempts to restrict asylum, and the D.C. Circuit's new decision upholds a lower court ruling that had already blocked the policy on July 2, 2025.
Lee Gelernt, an ACLU attorney who argued the case, hailed the decision as "the end of an inhumane policy that sent families, including children, into danger without a hearing."
Understanding the Impact of U.S. Border Reopening for Asylum Seekers
What did the court's decision entail regarding the U.S. border?
The court's decision mandated the reopening of the southern border and the restoration of asylum interviews, declaring the Trump administration's asylum ban illegal.
Why can't Cuban nationals seek asylum immediately?
Although the court ordered the reopening, the practical implementation of the decision is still pending, meaning Cubans cannot yet immediately seek asylum at the border.
What are the next steps following the court's ruling?
The Department of Homeland Security indicated the ruling might be appealed, possibly bringing the case before the Supreme Court.