Trump's asylum ban at U.S.-Mexico border "unlawful," judge rules
Why it matters: Although U.S. District Judge Randolph Moss postponed his order from taking effect for 14 days to allow for appeal, the processing of asylum claims at the border would resume immediately if the ruling is not overturned.
Trump administration officials have already said they'll appeal Moss' ruling that found the president exceeded his authority in a Jan. 20 proclamation that denied asylum protections at the border.
The case seems likely headed for the Supreme Court, which last week in a majority ruling imposed new limits on lower courts' abilities to freeze federal policies.
Driving the news: The proclamation that's titled "Guaranteeing the States Protection Against Invasion" states the Immigration and Nationality Act "provides the President with certain emergency tools" that have enabled Trump's action.
Immigration groups including the American Civil Liberties Union and multiple people seeking asylum filed a class action lawsuit in February challenging the legality of the proclamation, calling the "invasion" declaration unlawful and false.
"[N]othing in the INA or the Constitution grants the President or his delegees the sweeping authority asserted in the Proclamation and implementing guidance," Moss wrote. "An appeal to necessity cannot fill that void."
The Constitution doesn't give a president authority to "adopt an alternative immigration system, which supplants the statutes that Congress has enacted and the regulations that the responsible agencies have promulgated," according to the Obama-appointed D.C. judge.
Between the lines: The attempted asylum changes are among many immigration enforcement reforms the Trump administration is trying to make via executive order or rule changes without going to Congress.
The Trump administration issued a new rule in January that dramatically expands expedited removal to immigrants who cannot prove they have been continuously living in the U.S. for over two years.
That rule is facing a legal challenge from the American Civil Liberties Union (ACLU).
The Trump administration also is trying to make immigrants previously granted humanitarian parole eligible for expedited removal, and that's also facing a legal challenge.
What they're saying: ACLU of Texas legal director Adriana Piñon said in a statement Moss' rejection of the Trump administration's "efforts to upend our asylum system" was "a key ruling" for the U.S.
"This attempt to completely shut down the border is an attack on the fundamental and longstanding right to seek safety in the U.S. from violence and persecution."
Keren Zwick, director of litigation at the National Immigrant Justice Center, which also brought the suit, said in a statement that no president "has the authority to unilaterally block people who come to our border seeking safety."
The other side: "A local district court judge has no authority to stop President Trump and the United States from securing our border from the flood of aliens trying to enter illegally," said Abigail Jackson, a spokesperson for the White House.
"This is an attack on our Constitution, the laws Congress enacted, and our national sovereignty," she said of the ruling. "We expect to be vindicated on appeal."
White House deputy chief of staff Stephen Miller on X claimed the order was trying to "circumvent" last week's Supreme Court ruling and that it declared undocumented immigrants as "a protected global 'class' entitled to admission into the United States."
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Boston Globe
16 minutes ago
- Boston Globe
Democrats see Trump's big bill as key to their comeback. It may not be so easy.
Indeed, in political battlegrounds across Alaska and Iowa, Pennsylvania and California, Democrats have already begun to use Trump's bill to bludgeon their Republican rivals. Democrats are promising that the package — Trump's biggest domestic policy achievement to date — will be the defining issue of every major election between now and next fall's high-stakes midterms. Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up 'One thing is abundantly clear: Republicans own this mess and it's an albatross around their necks heading into the midterms,' Democratic National Committee Chair Ken Martin told The Associated Press. 'This is the least popular legislation in modern history, and the more voters learn about it, the more they hate it. That's a clear directive for Democrats -- we're going to make sure every single voter knows who is responsible.' Advertisement Even with early public opinion on their side, however, it's far from certain that the Republican budget bill will be the political winner Democrats hope. Advertisement The Democratic brand remains deeply unpopular, the party has no clear leader, its message is muddled and core elements of the Democratic base are frustrated and drifting. Some of the bill's changes won't take effect until after the 2026 midterms, so voters may not have felt the full impact by the time they vote. At the same time, it's unclear how many voters are paying attention to the Washington-based debate. The Democratic super PAC Priorities USA warned this week that Democrats must work harder if they want their message to break through the polarized media environment. 'We can't just assume that because we're angry that the voters that we need to communicate with are angry. Everyone needs to step up and realize the enormous challenge that's in front of us,' Executive Director Danielle Butterfield said. 'We're nowhere near a good starting place.' At its core, the bill's priority is $4.5 trillion in tax breaks enacted in Trump's first term that would expire if Congress failed to act, along with new ones. This includes allowing workers to deduct tips and overtime pay. The package includes $1.2 trillion in cutbacks to Medicaid and food stamps and a massive rollback of green energy investments. The nonpartisan Congressional Budget Office estimates the package will add $3.3 trillion to the deficit over the decade. Democrats in Congress were united against the bill, and even some Republicans expressed concerns. But ultimately, Trump persuaded the conservative holdouts to fall in line. Democrats' challenge on display Privately, some Democrats conceded that Republicans were smart to pass the bill on the eve of a holiday weekend when fewer voters would be paying attention. And as some Democrats in Washington predicted a fierce political backlash across America, the response was somewhat muted Thursday at a Democratic event in Iowa, barely 10 miles from the Iowa State Fairgrounds where Trump later drew thousands for an evening rally. Advertisement An audience of roughly 100 people listened as local Democratic officials railed against the legislation and called on voters to oust Republican Rep. Zach Nunn, the local congressman, for supporting it. Audience member Michael Rieck, 69, said Iowa Democrats left him a message about the rally, but when he went online to learn more, 'there was nothing.' 'I texted back to them that I didn't see any advertisement,' he said. 'They slowly corrected that. I'm still not impressed with what they did to advertise this event.' Rieck said he wants to see different factions of the party better coordinate their message. Meanwhile, progressive activists were moving through Minnesota in a big green bus as part of Fair Share America's 29-stop 'stop the billionaire giveaway' tour. The group is focused on Republican-led congressional districts where elected officials have largely stopped having in-person town halls with constituents. Fair Share Executive Director Kristen Crowell said the crowds, even some Trump supporters, have been receptive. Still, she acknowledged many people don't know what's in the bill. 'We know we're fighting upstream,' she said. 'But when people hear exactly what's in this bill, they're adamantly opposed. I mean, I can tell you, in 17 stops, I've not had one person come up to me and say, 'You are on the wrong side of this.'' What the polls say The GOP's bill is generally unpopular, according to polling conducted throughout the month of June, although some individual provisions are popular. Advertisement For example, a Washington Post/Ipsos poll found that majorities of U.S. adults support increasing the annual child tax credit and eliminating taxes on earnings from tips, and about half support work requirements for some adults who receive Medicaid. On the other hand, the poll found that majorities oppose reducing federal funding for food assistance to low-income families and spending about $45 billion to build and maintain migrant detention centers. The price tag could be a sticking point. About 6 in 10 U.S. adults in the poll said it was 'unacceptable' that the bill is expected to increase the U.S. national debt, currently at $36 trillion, by about $3 trillion over the next decade. But polling indicates that most Americans aren't paying attention to the nuances of the bill, either. The Washington Post/Ipsos poll found that only about one-third of U.S. adults have heard 'a great deal' or 'a good amount' about it. Democrats are planning a summer of organizing The Democratic National Committee and its allies plan an 'organizing summer' that will feature town halls, training and voter registration drives in at least 35 competitive congressional districts. The message will be focused heavily on Trump's bill. Democratic groups also are expected to unveil a new round of digital attack ads targeting vulnerable Republicans in the coming days. Kansas Gov. Laura Kelly, who leads the Democratic Governors Association, said her party must keep the bill's contents at the forefront of people's minds to ensure it's an issue in the 2026 midterm elections — and even the next presidential election in 2028. 'We'll just have to keep that on the radar,' she said. Meanwhile, progressive groups are planning a 'Family First' day of action for July 26 in all 50 states. They'll highlight vulnerable Americans hurt by the new Medicaid cuts and hold a 60-hour vigil at the U.S. Capitol. Advertisement 'Because people call Medicaid something different in every state, a lot of people didn't realize — until this very moment — that their health care was at stake,' said one of the Family First organizers, Ai-jen Poo, president of the National Domestic Workers Alliance. 'We have made a promise to each other and to future generations that there will be a safety net in place when we need it. And this is what's being ripped away. And people will not stand for it.' Peoples reported from New York. AP writers Amelia Thomson DeVeaux in Washington; John Hanna in Topeka, Kansas; and Marc Levy in Harrisburg, Pennsylvania, contributed.
Washington Post
25 minutes ago
- Washington Post
Trump wants to celebrate 250 years of independence with a UFC fight at the White House
DES MOINES, Iowa — President Donald Trump said Thursday that he's thinking of staging a UFC match on the White House grounds with upwards 20,000 spectators to celebrate 250 years of American independence. 'We have a lot of land there,' said Trump, a UFC enthusiast who has attended several of its mixed martial arts matches in recent months and is close friends with Dana White , the league's president.
CNN
32 minutes ago
- CNN
Moderates Exiting Washington As 'Raw Politics' Takes Over - CNN NewsNight with Abby Phillip - Podcast on CNN Podcasts
Moderates Exiting Washington As 'Raw Politics' Takes Over CNN NewsNight with Abby Phillip 45 mins President Donald Trump praised GOP congressional leaders today after the House approved his massive package of tax and federal spending cuts, delivering the president the first big legislative win of his second term.
