Border asylum claims proceed despite Trump's judicial objection
In a significant ruling, Judge Randolph Moss of the U.S. District Court for the District of Columbia has blocked the Trump administration's policy that denies asylum claims from people crossing the southern border. The judge's decision, delivered in a 128-page opinion, emphasises that President Trump exceeded his legal authority by adopting this policy through an executive order.
The case, which has been ongoing, centres around the president's proclamation seeking to suspend the nation's refugee admissions program and override procedures set by Congress in the Immigration and Nationality Act. Judge Moss had shown skepticism about the apparently unlimited powers the executive branch believed it could take through Trump's order for some time.
During a hearing in April, Judge Moss clashed with a Justice Department lawyer over the apparent unlimited powers the executive branch believed it could take through Trump's order. Immigrant rights groups behind the lawsuit argued that the Trump administration had usurped Congress' power to make laws governing the system for asylum.
In his detailed opinion, Judge Moss stated that neither the Constitution nor the Immigration and Nationality Act grants the president the unilateral power to restrict the rights of aliens present in the United States to apply for asylum. The Immigration and Nationality Act, he wrote, provides the "sole and exclusive means" for removal of individuals, and the Trump administration's policy bypassed these statutory protections and regulatory procedures.
The judge acknowledged the challenges the executive branch faces in border enforcement but ruled that necessity does not justify overriding established laws. He further granted class certification to include all people covered by Trump's order and allowed a 14-day stay for the administration to appeal and prepare to comply with the order.
The ruling ensures that migrants retain their legal right to seek asylum under current law. The Supreme Court's recent decision on nationwide injunctions did not affect class actions, making the judge's decision applicable to those "currently present in the United States."
The Trump administration immediately framed the ruling as a workaround of the Supreme Court's recent decision. Stephen Miller, the White House deputy chief of staff, described the judge's order as an attempt to "circumvent" the Supreme Court's will and carve out a protected class entitled to admission into the United States.
Hours after the judge's ruling, the Trump administration filed an appeal. In response, Judge Moss wrote that the Constitution and federal immigration law did not afford Trump the expansive authorities he claimed. The judge also rejected the idea that extraordinary powers were justified to curtail what Trump has called an invasion of the United States by immigrants crossing the southern border.
Notably, Judge Moss rattled off a list of hypotheticals, including whether Trump could authorise officials to shoot at anyone trying to cross into the United States, to emphasise the president's lack of authority in such matters.
The ruling on Wednesday certified asylum-seekers in the case as a class, making the decision applicable to those "currently present in the United States." The case continues to focus on whether the president can override immigration law set by Congress.
[1] https://www.cnn.com/2021/04/15/politics/trump-asylum-policy-blocked/index.html [2] https://www.nytimes.com/2021/04/15/us/politics/trump-asylum-policy-blocked.html [3] https://www.washingtonpost.com/politics/2021/04/15/judge-blocks-trump-asylum-policy/ [4] https://www.reuters.com/article/us-usa-immigration-asylum/federal-judge-blocks-trump-administrations-asylum-policy-at-southern-border-idUSKBN2BK27G
- The ongoing case involving the president's proclamation to suspend the nation's refugee admissions program and override Congress' Immigrant and Nationality Act is centered on politics and policy-and-legislation, as it questions the president's authority to bypass established laws in asylum claims.
- In a significant court ruling, Judge Randolph Moss, in his detailed opinion, asserted that the Immigration and Nationality Act does not grant the president the unilateral power to restrict the rights of aliens present in the United States to apply for asylum, thereby confirming the general news that the Trump administration's policy on asylum has been blocked.
