A federal judge delivered a major blow Wednesday to President Trump’s efforts to crack down on illegal immigration – blocking the administration from denying migrants the chance to seek asylum.
DC US District Judge Randolph Moss, an appointee of former President Barack Obama, said his ruling would take effect July 16, giving the Trump administration two weeks seek a stay.
Immigrant rights groups and more than a dozen asylum-seekers sued the Trump administration earlier this year after the president issued an executive order on the first day of his second term barring migrants who cross the border illegally from seeking asylum.
Moss ruled that neither the Constitution nor federal immigration law “grants the President … authority to replace the comprehensive rules and procedures set forth in the [Immigration and Nationality Act] and the governing regulations with an extra-statutory, extraregulatory regime for repatriating or removing individuals from the United States, without an opportunity to apply for asylum or withholding of removal.”
The judge acknowledged 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” but ruled Trump does not have “unilateral authority to limit the rights of aliens present in the United States to apply for asylum” or use the Constitution’s Invasion Clause to “to adopt an alternative immigration system, which supplants the statutes that Congress has enacted.”
Department of Homeland Security Assistant Secretary Tricia McLaughlin slammed the ruling as a threat to “the safety and security of Americans.”
“The President secured the border in historic fashion by using every available legal tool provided by Congress,” McLaughlin said in a statement. “Today, a rogue district judge took those tools away, threatening the safety and security of Americans and ignoring a Supreme Court decision issued only days earlier admonishing district courts for granting nationwide injunctions.” --->READ MORE HERE
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| Associated Press/U.S. District Court image |
Stephen Miller, White House deputy chief of staff for policy and homeland security advisor, launched a scathing attack on a federal judge's ruling Wednesday that President Donald Trump's suspension of asylum access at the southwest border was unlawful.
"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 wrote on X, formerly Twitter.
U.S. District Judge Randolph Moss put the ruling on hold for two weeks to give the government time to appeal.
Why It Matters
The ruling from a federal district court judge comes after the U.S. Supreme Court ruled last week that lower courts could not issue nationwide injunctions on presidential actions.
However, Moss said that nothing in the Constitution or immigration law allowed the federal government, including Trump, to "adopt and alternative immigration system."
What To Know
Miller has been clear that he does not believe lower-court judges should be dictating White House policy, joining the president in calling them activists and Marxists at times when their rulings have looked to block policies, including on immigration, nationwide.
Trump saw last week's Supreme Court ruling as a big win, potentially opening routes to implement many of his policies introduced in the first week of his second term that have been held up by legal challenges. --->READ MORE HERE
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