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Judge blocks order barring asylum access at border and gives administration two weeks to appeal

Judge blocks order barring asylum access at border and gives administration two weeks to appeal

WASHINGTON (AP) — A federal judge said Wednesday that an order by Donald Trump suspending asylum access at the southern border was unlawful, throwing into doubt one of the key pillars of the president's plan to crack down on migration at the southern border. But he put the ruling on hold for two weeks to give the government time to appeal.
In an order Jan. 20, Trump declared that the situation at the southern border constitutes an invasion of America and that he was 'suspending the physical entry' of migrants and their ability to seek asylum until he decides it is over.
U.S. District Judge Randolph Moss in Washington said his order blocking Trump's policy will take effect July 16, giving the Trump administration time to appeal.
Moss wrote that neither the Constitution nor immigration law gives the president 'an extra-statutory, extra-regulatory regime for repatriating or removing individuals from the United States, without an opportunity to apply for asylum' or other humanitarian protections.
The Homeland Security Department did not immediately respond to a request but an appeal is likely. The president and his aides have repeatedly attacked court rulings that undermine his policies as judicial overreach.
The ruling comes after illegal border crossings have plummeted. The White House said Wednesday that the Border Patrol made 6,070 arrests in June, down 30% from May to set a pace for the lowest annual clip since 1966. On June 28, the Border Patrol made only 137 arrests, a sharp contrast to late 2023, when arrests topped 10,000 on the busiest days.
Arrests dropped sharply when Mexican officials increased enforcement within their own borders in December 2023 and again when then-President Joe Biden introduced severe asylum restrictions in June 2024. They plunged more after Trump became president in January, deploying thousands of troops to the border under declaration of a national emergency
Trump and his allies say the asylum system has been abused. They argue that it draws people who know it will take years to adjudicate their claims in the country's backlogged immigration courts during which they can work and live in America.
But supporters argue that the right to seek asylum is guaranteed in U.S. law and international commitments — even for those who cross the border illegally. They say that asylum is a vital protection for people fleeing persecution — a protection guaranteed by Congress that even the president doesn't have the authority to ignore.
People seeking asylum must demonstrate a fear of persecution on a fairly narrow grounds of race, religion, nationality, or by belonging to a particular social or political group.
In the executive order, Trump argued that the Immigration and Nationality Act gives presidents the authority to suspend entry of any group that they find 'detrimental to the interests of the United States.'
Groups that work with immigrants — the Arizona-based Florence Project, the El Paso, Texas-based Las Americas Immigrant Advocacy Center and the Texas-based RAICES — filed the lawsuit against the government, arguing that the president was wrong to equate migrants coming to the southern border with an invasion.
And they argued that Trump's proclamation amounted to the president unilaterally overriding '... the immigration laws Congress enacted for the protection of people who face persecution or torture if removed from the United States.'
But the government argued that because both foreign policy and immigration enforcement fall under the executive branch of government, it was entirely under the president's authority to declare an invasion.
___
Spagat reported from San Diego.
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Ketanji Brown Jackson turns independent streak loose on fellow justices
Ketanji Brown Jackson turns independent streak loose on fellow justices

The Hill

time16 minutes ago

  • The Hill

Ketanji Brown Jackson turns independent streak loose on fellow justices

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'The Court is thereby, unfortunately, suggesting that what would be an extraordinary request for everyone else is nothing more than an ordinary day on the docket for this Administration, I would proceed without fear or favor,' Jackson wrote. But it appears there are rhetorical lines the most senior liberal justice won't cross. In another case, regarding disability claims, Sotomayor signed onto portions of Jackson's dissent but rejected a footnote in which Jackson slammed the majority's textualism as 'somehow always flexible enough to secure the majority's desired outcome.' 'Pure textualism's refusal to try to understand the text of a statute in the larger context of what Congress sought to achieve turns the interpretive task into a potent weapon for advancing judicial policy preferences,' the most junior justice wrote, refusing to remove the footnote from her dissent. Jackson's colleagues don't see it that way. 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I cannot deny the great accomplishments of black Americans, including those who succeeded despite long odds,' Thomas wrote in a concurring opinion. It isn't Thomas's practice to announce his separate opinions from the bench, but that day, he said he felt compelled to do so. As he read it aloud from the bench for 11 minutes, Jackson stared blankly ahead into the courtroom. Jackson's boldness comes across not only in the court's decision-making. At oral arguments this term, she spoke 50 percent more than any other justice. She embraces her openness. She told a crowd in May while accepting an award named after former President Truman that she liked to think it was because they both share the same trait: bravery. 'I am also told that some people think I am courageous for the ways in which I engage with litigants and my colleagues in the courtroom, or the manner in which I address thorny issues in my legal writings,' Jackson said. 'Some have even called me fearless.'

NATO Chief Weighs In on Military Conscription Across Europe
NATO Chief Weighs In on Military Conscription Across Europe

Newsweek

time20 minutes ago

  • Newsweek

NATO Chief Weighs In on Military Conscription Across Europe

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How Trump's Travel Ban And Visa Restrictions Could Affect Hospitals And Public Health
How Trump's Travel Ban And Visa Restrictions Could Affect Hospitals And Public Health

Forbes

time23 minutes ago

  • Forbes

How Trump's Travel Ban And Visa Restrictions Could Affect Hospitals And Public Health

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