Customs and Border Protection Agents are questioning a family seeking asylum at Paso del Norte Bridge on May 11, 2023.
WASHINGTON – A federal judge issued a ruling on Wednesday that blocks President Donald Trump’s efforts to limit asylum claims, citing the need for national protection amid ongoing concerns at the southern borders.
This marked a significant setback for the Trump administration in its attempts to restrict asylum seekers’ rights.
District Judge Randolph Moss emphasized, “The president cannot replace an immigration system established by Congress.” In his written opinion, he noted, “There’s no basis in the Immigration Nationality Act or the Constitution that grants the President or his agencies the power to implement the changes he proposed.”
Moss’s ruling also bars the Department of Homeland Security from enforcing the executive order related to asylum. Additionally, he recognized a class of potential asylum seekers, following a recent Supreme Court decision aimed at limiting nationwide injunctions from lower courts. This class recognition will allow for broader judicial orders.
He provided a 14-day grace period for the Trump administration to appeal his decision. If the ruling stands through potential appeals, the administration will need to restart the asylum process for migrants.
Moss noted, “The executive order is illegal as it seeks to restrict existing processes related to asylum and the protections offered under international treaties.”
Inauguration date
The order concerning asylum was among multiple immigration-related directives Trump signed during his second inauguration. In it, he asserted that conditions at the southern border warranted an aggressive approach, effectively barring asylum claims.
Trump framed asylum seekers at the US-Mexico border as an “invasion,” contending that the government needed to ensure security, leading to a temporary halt on entries he regarded as invasive.
Citing Section 212(f) of the Immigration and Nationality Act, Trump argued that he had the authority to “suspend entry” for non-citizens under specific conditions.
Complaints submitted in February
The lawsuit initiated by the American Civil Liberties Union and various legal organizations, representing the Centers for Refugees and Immigration Education and Legal Services, accused the administration of illegally denying asylum and humanitarian protections recognized by law.
The initial complaint from February highlighted concerns about returning asylum seekers to nations rife with persecution and torture, affecting families as well as individuals. It pointed out that the declaration failed to safeguard unaccompanied minors, despite existing legal protections for those children.
Legal advocacy groups, such as the Las American Immigration Advocacy Center, suggested that the declaration would obstruct the essential legal aid work provided to individual asylum seekers.
Among the plaintiffs were individuals claiming to have fled persecution from various countries including Afghanistan, Ecuador, Cuba, Egypt, Brazil, Turkey, and Peru, with some reportedly being relocated to other countries like Panama.
