Judge Rules Trump Asylum Ban Illegal

A federal judge has blocked President Donald Trump’s executive order that sought to prevent migrants who cross the border from seeking asylum or applying for withholding of removal in the U.S.

U.S. District Judge Randolph Daniel Moss, an Obama appointee, said Wednesday that the order exceeds Trump’s authority to suspend legal protections for migrants crossing the border into the U.S. illegally, stressing that neither the Immigration and Nationality Act, nor the Constitution, grants the executive branch authority to “replace the comprehensive rules and procedures set forth in the INA and the governing regulations,” including the right to seek asylum or apply for the withholding of removal.

“The Court recognizes that the Executive Branch faces enormous challenges in preventing and deterring unlawful entry into the United States and in adjudicating the overwhelming backlog of asylum claims of those who have entered the country,” Moss said in his order.

“But the INA, by its terms, provides the sole and exclusive means for removing people already present in the country, and, as the Department of Justice correctly concluded less than nine months ago, neither § 1182(f) nor § 1185(a) provides the President with the unilateral authority to limit the rights of aliens present in the United States to apply for asylum.”

Trump adviser Stephen Miller immediately blasted the move in a post on X:

“To try to circumvent the Supreme Court ruling on nationwide injunctions a marxist judge has declared that all potential FUTURE illegal aliens on foreign soil (eg a large portion of planet earth) are part of a protected global “class” entitled to admission into the United States,” Miller said.

This is a breaking news story. Please check back for updates.

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Nancy Butler

Nancy grew up in the South where her passion for politics first began. After getting her BA in journalism from Ole Miss she became an arts and culture writer for Athens Magazine where she enjoyed reporting on the eclectic music and art scene in Athens, GA.

However, her desire to report on issues and policies impacting everyday Americans won out and she packed her bags for Washington, DC. Now, she splits her time between the Nation’s Capital and Philadelphia where she covers the fast-paced environment of politics, business, and news.
In her off time, you can find Nancy exploring museums or enjoying brunch with friends.

7 Comments
    Nunya

    If they did not apply in the first country outside their own at a US consulate or embassy, they did not follow procedures required. Probably because they knew they would not qualify. Entering the US illegally automatically demands their deportation.

    Nunya

    Will probably be ignored as the Supreme Court has spoken. This ought to be enough for impeachment.

    uncle albert

    DEPORT or INCARCERATE that alleged “judge”, as they are NOT upholding the law, but trying to give a personal, private interpretation of it. Just like the O’Bozo that appointed him !

    AMERICA FIRST !

    SteveKirkish

    So much for the left yelling that the Supreme Court’s rulings are the LAW OF THE LAND.

    Brian

    The Supreme Court gave their ruling. Trump needs to ignore this judge based on the supreme court decision and the judge needs to be stripped of his authority and removed from the bench.

    Paul

    The lawfare continues. These judges need to be removed when they refuse to follow the law and and make their own.

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