Stephen Miller Spirals After Judge Shuts Down Trump's Asylum Ban
U.S. District Judge Randolph Moss ruled unlawful Trump's day-one proclamation shutting down the right to claim asylum at the southern border on the dubious grounds that an 'invasion' is occurring there.
In response, Miller claimed that Moss, an Obama appointee, is a 'marxist judge' attempting to 'circumvent the Supreme Court.' Quote-tweeting that post, Miller added, 'The West will not survive if our sovereignty is not restored.'
In his 128-page ruling, Moss said that Trump's proclamation asserted 'sweeping authority' that far exceeds the powers he legally possesses under the Constitution and the Immigration and Nationality Act. And the Trump administration's 'appeal to necessity cannot fill that void.'
Contrary to Trump's arguments, Moss wrote, the president does not have 'the unilateral authority to limit the rights of aliens present in the United States to apply for asylum,' nor does he have the 'authority to adopt an alternative immigration system, which supplants the statutes that Congress has enacted and the regulations that the responsible agencies have promulgated.'
The ruling, which applies to all people 'who are now or will be present in the United States,' effectively stops the proclamation in its tracks—at least after a two-week stay, during which the president is expected to appeal. In the interim, Moss said the administration 'shall take steps to ensure that they … are fully prepared to implement the Court's order without further delay.'
Deborah Pearlstein of Princeton University noted that Moss's ruling exemplifies how courts may still rein in Trump's unlawful actions, even after the Supreme Court recently impeded their ability to do so in a ruling restricting lower courts' ability to issue nationwide freezes on Trump's anti-constitutional executive orders.
Moss mentioned that Supreme Court case in his ruling, but cited the Administrative Procedure Act, a federal law that directs courts to 'set aside' federal actions found to be 'not in accordance with law.'
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He dismissed faculty concerns about the IHRA definition, which he said would 'provide clarity, transparency and standardization' to the university's effort to root out antisemitism. 'There are undoubtedly some Columbia professors who will feel they cannot continue teaching under the new regime,' Marcus said. 'To the extent that they self-terminate, it may be sad for them personally, but it may not be so bad for the students at Columbia University.' But Hirsch, the Columbia professor, said she was committed to continuing her long-standing study of genocides and their aftermath. Part of that work, she said, will involve talking to students about Israel's 'ongoing ethnic cleansing and genocide' in Gaza, where more than 58,000 Palestinians have died, over half of them women and children, according to Gaza's Health Ministry. 'With this capitulation to Trump, it may now be impossible to do that inside Columbia,' Hirsch said. 'If that's the case, I'll continue my work outside the university's gates.' Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
