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A recent ruling by a federal court has determined that President Donald Trump’s attempt to bar asylum claims at the southern border of the United States, as part of his extensive immigration crackdown, exceeded his presidential authority and threatened to create a “presidentially decreed, alternative immigration system” separate from Congress-established laws.
On Wednesday, US District Judge Randolph Moss, appointed by former President Barack Obama, released a 128-page decision concluding that neither the Immigration and Nationality Act (INA) nor the Constitution grants the President or his delegates the broad authority Trump asserted in a January 20 proclamation he issued upon taking office for a second term. This proclamation evoked the INA to justify denying physical entry of aliens into the United States and imposing restrictions on the immigration system.
The ruling emphasized that the President lacks the power to replace the comprehensive rules and procedures in US immigration law with an “extra-statutory, extraregulatory regime.” Asylum, the process where individuals seek protection on foreign soil when they fear persecution or harm, is explicitly protected under US laws, despite facing a high bar for acceptance.
Trump has, however, framed immigration across the US’s southern border with Mexico as an “invasion” led by foreign powers to justify suspending rights like asylum. Judge Moss, however, ruled that suspending asylum could result in significant harms to those facing persecution, arguing that continued implementation of the proclamation could deprive thousands of individuals of legal processes to which they are entitled.
Despite this, Judge Moss granted the Trump administration a 14-day window to appeal, which is expected to happen. The White House spokesperson, Abigail Jackson, stated that a local district court judge cannot halt President Trump and the United States from securing the border and expects to be vindicated on appeal.
The administration also argued in court filings that it alone had the right to determine whether or not the US was facing an invasion, a claim Judge Moss addressed by expressing sympathy for the administration’s challenge in managing unlawful entry into the United States and adjudicating the overwhelming backlog of asylum claims. However, he concluded that US laws do not give President Trump the unilateral authority to limit the rights of aliens present in the United States to apply for asylum.
This ruling is a result of a class-action complaint filed by immigrant rights groups, including the Florence Project, Las Americas Immigrant Advocacy Center, and RAICES. The American Civil Liberties Union (ACLU) praised the decision, highlighting the importance of protecting Congress’s legislative powers and the rights of immigrants. ACLU lawyer Lee Gelernt stated to the media that the president cannot simply erase laws passed by Congress by labeling asylum seekers as invaders.
Source: https://www.aljazeera.com/news/2025/7/3/judge-blocks-trumps-ban-on-asylum-at-the-southern-us-border?traffic_source=rss
