A federal judge blocked United States President Donald Trump’s asylum ban at the Southern border, as reported by The Hill. This decision blocks a Day 1 order from Trump seeking to end asylum for all but those who entered the US at ports of entry, arguing the move was needed to prevent an “invasion” at the border. However, the US District Court Judge Randolph Moss said that Trump stepped beyond his authority in drastically limiting asylum for those fleeing persecution and danger.
Additionally, Moss also found that these orders violated the Immigration and Nationality Act (INA). This outlines strict guidelines for who qualifies for asylum and how they can seek the necessary protections. This included crossing between ports of entry. On the social media platform X, Stephen Miller, the architect of the White House’s immigration policy, responded to the ruling government. He wrote, “The West will not survive if our sovereignty is not restored.”
In a 123-page opinion written by Moss, he mentioned, “Nothing in the INA or the Constitution grants the President or his delegees the sweeping authority asserted in the Proclamation and implementation guidance,” as stated by The Hill. Following this, the judge also rejected Trump’s assertion of inherent presidential authority over admission decisions into the country, even though federal law did not grant him this power.
Moss, also an appointee of former President Barack Obama, wrote, “To hold otherwise would render much, if not most, of the INA simply operational.” Immediately after Trump’s presidency, the legal battle began in early February, and soon after he signed the proclamation on Inauguration Day. According to The Hill, 13 anonymous asylum seekers, along with three immigration nonprofits — The Refugee and Immigrant Centre for Education and Legal Services, Las Americas Immigration Advocacy Centre, and The Florence Project — were sued and represented by the American Civil Liberties Union (ACLU).
The administration had agreed not to deport any of the 13 people as the litigation progresses; however, Wednesday’s ruling now covers anyone affected by Trump’s proclamation nationwide. In a statement, ACLU attorney Lee Gelernt said, “This is a hugely important decision. Not only will it save the lives of families fleeing grave danger, it reaffirms that the president cannot ignore the laws Congress has passed and the most basic premise of our country’s separation of powers.”
Asylum seekers cannot be granted the protections if they are fleeing what is deemed “generalised violence”, and many who seek the status do not receive it when their case is considered by the Department of Homeland Security or in immigration court. During the first Trump administration, he used Title 42 to block migrants from seeking asylum at the border, closing off the process and allowing them to be swiftly expelled instead. Former President Joe Biden maintained those same limitations for over two years.
