News & Resources
FOR IMMEDIATE RELEASE
October 2, 2026
MEDIA CONTACT
Spencer Tilger | media@refugeerights.org
4th CIRCUIT UPHOLDS RULING THAT FAMILY MEMBERS OF ASYLUM HOLDERS ARE EXEMPT FROM TRAVEL BAN
Court denied Trump administration’s attempt to stay previous order to reunite families
(Richmond, VA) – Yesterday, the Fourth Circuit Court of Appeals denied the Trump administration’s request to stay a previous federal court ruling in A.A. v. State. The decision affirmed the lower court’s ruling that immediate family members of people with asylum in the U.S. are not subject to the travel ban and the government must allow their applications for travel documents to process in the normal course. To date, five plaintiffs have been able to bring their families to safety in the United States as a result of the lower court’s order.
The plaintiffs, represented by the International Refugee Assistance Project (IRAP), Williams & Connolly LLP, and Keler & Kershow PLLC, are Afghan nationals who were granted asylum in the United States as a result of their support for the U.S. military, as well as their spouses and children who are still in danger abroad. The Fourth Circuit rejected the Trump administration’s claim that the United States would be harmed by allowing asylees to reunite with their families.
Lupe Aguirre, IRAP Deputy Director of U.S. Litigation, responded to the ruling:
“The government’s claim that allowing our clients to reunite with their families harms the United States is patently absurd, and the Fourth Circuit was right to reject it. We are overjoyed that asylees will continue to be able to reunite with their families in safety in the U.S. as a result of this decision.”
Background
The U.S. government is arguing that it can deny the entry of family members of asylees from Afghanistan and other countries subjected to the travel ban, even though the text of the ban expressly exempts asylees and people seeking asylum from inclusion. A federal judge in the Eastern District of Virginia previously ordered the government to remedy the unlawful application of the travel ban to plaintiffs by expediting their applications and reunification with their family members.
Additional Resources
- Read the decision: HERE
- Read more about the case: HERE
- Read IRAP’s explainer of the travel ban: HERE
The International Refugee Assistance Project (IRAP) is a global legal aid and advocacy organization working to create a world where refugees and all people seeking safety are empowered to claim their right to freedom of movement and a path to lasting refuge. Everyone should have a safe place to live and a safe way to get there.
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